CO N SO L I DAT I N G

AND FUTURE
P R O O F I N G T H E NPA

2023/24
ANNUAL
REPORT

ANNUAL
REPORT
 CONTENTS

Acronyms 2
Vision, Mission, Values, Strategic Outcomes 5
Organisational Structure 6
Foreword by the National Director of Public Prosecutions 9
Strategic Initiatives 15
Progress Towards Improved Independence of the NPA 16
Office for Ethics and Accountability 16
Communicating for Impact 17
Electronic Case Management System 17
Enhancing NPA Capacity 17
Community Prosecution Initiative 18
Corporate Alternative Dispute Resolution Policy 18
Getting Organised in Response to Organised Crime 19
Prioritising Crimes that Cause the Most Harm 19
Legislative Developments and Relevant Court cases 20
Stakeholder Engagements and Strategic Communications 25
Engagements with International Organisations 26
International Cooperation in Criminal Matters and Treaty
Obligations 27
Amplifying the NPA’s Voice in the Broader Criminal Justice System 28
Performance Information 29
Strategy, Operations and Compliance 30
Strategic priorities 30
Effective budget management 30
Promoting sound workplace relations
and employee wellness 30
Prosecution prioritisation practice and policy 31
External partnerships 31
Broader strategic support to the NPA’s core business 32
Consolidation and innovation 32
Strategy Management Office 33
Human Resource Management and Development 34
Information and Systems Management 36
Integrity Management Unit 37
Communications 37
Security Management Services 38
Financial Management 39
National Prosecutions Service 41
Key achievements 41
Key challenges 42
Stakeholder engagements 42
Performance 43
Communications 57
Representations and complaints 57
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2023/24 Annual Report

National Prosecuting Authority South Africa
Truth and Reconciliation Commission Component 60
Missing Persons Task Team 61
Specialised Commercial Crime Unit 64
Priority Crimes Litigation Unit 65
Sexual Offences and Community Affairs Unit 67
Organised Crime Component 72
Specialised Tax Unit 76
Investigating Directorate 77
Key achievements 77
Key challenges 78
Performance 79
Key cases 79
Asset Forfeiture Unit 81
Key achievements 81
Key challenges 81
Performance 82
Key cases 85
Office for Witness Protection 94
Key achievements 94
Key challenges 94
Performance 94
Stakeholder engagements 95
Capacity 95
Legal Affairs Division 96
Key achievements 96
Key challenges 96
Performance 97
Key cases 99
Stakeholder engagements 99
Capacity 99
Activities of the Directors of Public Prosecutions 101
Eastern Cape Division 101
Free State Division 104
Gauteng Local Division: Johannesburg 108
Gauteng Division: Pretoria 111
KwaZulu-Natal Division 114
Limpopo Division 117
Mpumalanga Division 120
Northern Cape Division 123
North-West Division 126
Western Cape Division 129
Appendices 132
Composition of Structures 133
Performance of Regions 137
 2

ACRONYMS
National Prosecuting Authority South Africa
2023/24 Annual Report

ACTT Anti-Corruption Task Team

ADR Alternative Dispute Resolution
AFU Asset Forfeiture Unit
APP Aspirant Prosecutor Programme
BACSA Business Against Crime South Africa
BRICS Brazil, Russia, India, China and South Africa
C-ADR Corporate Alternative Dispute Resolution
CARA Criminal Assets Recovery Account
CFT Combatting the Financing of Terrorism
CPA Criminal Procedure Act, 51 of 1977
CPI Community Prosecution Initiative
CPO Court Preparation Officer
CTFC Counter Terrorism Functional Committee
DDPP Deputy Director of Public Prosecutions
DEEC District Efficiency Enhancement Committee
DIRCO Department of International Relations and Cooperation
DNA Deoxyribonucleic Acid
DNDPP Deputy National Director of Public Prosecutions
DoJ&CD Department of Justice and Constitutional Development
DPCI Directorate for Priority Crime Investigation
DPCI: CATS DPCI: Crimes Against the State
DPCI: PCSI DPCI: Priority Crime Specialised Investigations
DPP Director of Public Prosecutions
DPSA Department of Public Service and Administration
ECMS Electronic Case Management System
EWP Employee Wellness Programme
ExCo Executive Committee
FATF Financial Action Task Force
FIC Financial Intelligence Centre
GBV Gender Based Violence
GBVF Gender Based Violence and Femicide
HRM&D Human Resources Management and Development
ICT Information and Communications Technology
ID Investigating Directorate
IDAC Investigating Directorate Against Corruption
IMU Integrity Management Unit
IPAC Independence, Professionalism, Accountability, Credibility
IPID Independent Police Investigative Directorate
ISM Information Systems Management
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2023/24 Annual Report

National Prosecuting Authority South Africa
ISS Institute for Security Studies
IT Information Technology
JCPS Justice, Crime Prevention and Security
KZN KwaZulu-Natal
LAD Legal Affairs Division
ManCo Management Committee
MLA Mutual Legal Assistance
MoU Memorandum of Understanding
MPTT Missing Persons Task Team
MS Microsoft
MTEF Medium-Term Expenditure Framework
MTSF Medium-Term Strategic Framework
NCAC National Conventional Arms Control
NCTS National Counter Terrorism Strategy
NDPP National Director of Public Prosecutions
NEEC National Efficiency Enhancement Committee
NGO Non-Governmental Organisation
NICOC National Intelligence Co-ordinating Committee
NOMM National Operations Management Meeting
NPA National Prosecuting Authority
NPAA Act National Prosecuting Authority Amendment Act, 10 of 2024
NPCOC National Priority Crime Operational Committee
NPS National Prosecutions Service
OCC Organised Crime Component
OEA Office for Ethics and Accountability
OECD Organisation for Economic Cooperation and Development
OWP Office for Witness Protection
PEEC Provincial Efficiency Enhancement Committee
PCLU Priority Crimes Litigation Unit
PFMA Public Finance Management Act, 1 of 1999
POCA Prevention of Organised Crime Act, 121 of 1998
PROMANCO Provincial Meetings of Senior Management
PROVJOINTS Provincial Joint Operational and Intelligence Structure
REEC Regional Efficiency Enhancement Committee
SAPS South African Police Service
SAPS CI SAPS Crime Intelligence
SARS South African Revenue Service
SCCC Specialised Commercial Crimes Court
SCCU Specialised Commercial Crimes Unit
 4

ACRONYMS
National Prosecuting Authority South Africa
2023/24 Annual Report

SDPP Special Director of Public Prosecutions

SIU Special Investigating Unit
SMO Strategy Management Office
SMS Senior Management Services
SOC Strategy, Operations and Compliance
SOCA Sexual Offences and Community Affairs
SSA State Security Agency
STU Specialised Tax Unit
TCC Thuthuzela Care Centre
TFNRA Terror Financing National Risk Assessment
TIP Trafficking In Persons
TRC Truth and Reconciliation Commission
UN United Nations
UNCAC United Nations Convention Against Corruption
UNODC United Nations Office on Drugs and Crime
US United States
VAT Value Added Tax
WGB Working Group on Bribery

CASE-RELATED ACRONYMS
ABB Asea Brown Boveri
NLC National Lotteries Commission
PRASA Passenger Rail Agency of South Africa
SAP Systemanalyse Programmentwicklung
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2023/24 Annual Report

National Prosecuting Authority South Africa
VISION VALUES
Justice in our society so that Integrity demonstrated through ethical
people can live in freedom conduct, high moral standards, honesty,
and security. moral principles and values, zero tolerance
for bribery and corruption, keeping
promises, truthfulness and being beyond
reproach.
Professionalism evidenced by
commitment, dedication, punctuality,
competence and professional conduct in
and out of court.
Accountability based on transparent
actions and spending, regular contact with
MISSION partners and routine reporting.

Guided by the Constitution, Credibility built by behaving consistently

we in the NPA ensure justice and aiming to inspire belief and trust.
for the victims of crime by Service excellence proven by providing
prosecuting without fear, first class customer service and complying
favour or prejudice, and by with the Batho Pele principles.
working with our partners
and the public to solve and
prevent crime.

STRATEGIC OUTCOMES
The strategic outcomes of the NPA for 2020-2025 are the following:
• Increased feelings of safety and security for all South Africans.
• Improved investor confidence in South Africa through high-impact prosecutions.
• Improved access to NPA services for all.

To achieve these outcomes, the NPA commenced the implementation of several strategic initiatives:
• Enhancing internal accountability through the development of the Office for Ethics and
Accountability to monitor and strengthen internal integrity and service delivery.
• Capacitating the NPA and ensuring that all regions and business units have the requisite specialist
capacity.
• Increasing the use of information technology and digitisation.
• Institutionalising the Innovation and Policy Support Office.
• Implementing a countrywide Community Prosecution Initiative.
 6

ORGANISATIONAL STRUCTURE
National Prosecuting Authority South Africa
2023/24 Annual Report

ADV. SHAMILA BATOHI

National Director of Public Prosecutions

ADV. OUMA ADV. ANTON ADV. RODNEY

RABAJI-RASETHABA DU PLESSIS DE KOCK
Deputy National Deputy National Deputy National
Director of Public Director of Public Director of Public
Prosecutions: AFU Prosecutions: SOC Prosecutions: NPS

ADV. ANDREA ADV. MTHUNZI ADV. CHUMA ADV. KAREN MS BULELWA

JOHNSON MHAGA MNTENGWANE VAN RENSBURG MAKEKE
Investigating Special Director Special Director Special Director Deputy Director
Director: ID of Public of Public of Public General: Corporate
Prosecutions: Prosecutions*: Prosecutions: Services (Acting)
LAD AFU (Acting) SOC

* During the reporting

period this portfolio
was headed by Adv.
Lulama Nongogo.
DIRECTORS
OF PUBLIC
PROSECUTIONS
X10

SPECIAL
DIRECTORS
OF PUBLIC
PROSECUTIONS
X4
 7

NATIONAL PROSECUTIONS
SERVICE

2023/24 Annual Report

National Prosecuting Authority South Africa
DIRECTORS OF PUBLIC
PROSECUTIONS

ADV. ANDREW
MR BARRY ADV. NAVILLA ADV. SIBONGILE
CHAUKE
MADOLO SOMARU MZINYATHI
Director of
Director of Director of Director of
Public
Public Public Public
Prosecutions:
Prosecutions: Prosecutions: Prosecutions:
Gauteng
Eastern Cape Free State Gauteng
Local Division,
Division Division Division, Pretoria
Johannesburg

ADV. ELAINE ADV. IVY MR SONJA

HARRISON THENGA NTULI
Director of Director of Director
Public Public of Public
Prosecutions: Prosecutions: Prosecutions:
KwaZulu-Natal Limpopo Mpumalanga
Division Division Division (Acting)

MR ADV. RACHEL ADV.

LIVINGSTONE MAKHARI- NICOLETTE
SAKATA SEKHAOLELO BELL
Director of Director of Director of
Public Public Public
Prosecutions: Prosecutions: Prosecutions:
Northern Cape North West Western Cape
Division Division Division

SPECIAL DIRECTORS OF PUBLIC

PROSECUTIONS

ADV. TRISH ADV. NKEBE ADV. BONNIE ADV. GIDEON

MATZKE KANYANE CURRIE- NKOANE
Special Director Special Director GAMWO Special Director
of Public of Public Special Director of Public
Prosecutions: Prosecutions: of Public Prosecutions:
NPS and Tax SCCU Prosecutions: PCLU (Acting)
SOCA
 8

ORGANISATIONAL STRUCTURE – SOC

National Prosecuting Authority South Africa
2023/24 Annual Report

ADV. ANTON du PLESSIS

Deputy National Director of Public Prosecutions:
Strategy, Operations and Compliance (SOC)

ADV. MS BULELWA
KAREN VAN MAKEKE
RENSBURG Deputy Director
Special Director General:
of Public Corporate
Prosecutions SOC Services (Acting)

MS HANIKA MS SALOME MR DENTON

VAN ZYL BALOYI SEROBATSE
Chief Director Chief Director Chief Director:
Financial Strategy Information
Management Management Systems
Office Management

MR TSHILIDZI MS NOMILO MS TSHIDI MR MILTON

MUKWEVHO MPONDO MODISE NTSEHI
Chief Director: Chief Director: Chief Director: Chief Director:
Security Communications Human Resource Integrity
Management (Acting) Management and Management Unit
Services (SMS) Development (IMU) (Acting)
(HRMD)
 National Prosecuting Authority South Africa
2023/24 Annual Report
9

FOREWORD
DIRECTOR OF PUBLIC
BY THE NATIONAL

PROSECUTIONS
 10
National Prosecuting Authority South Africa
2023/24 Annual Report

FOREWORD BY THE
NATIONAL DIRECTOR OF PUBLIC
PROSECUTIONS

“Our country has again become a

beacon of hope in a world where
the rule of law is being stress-tested
like never before.”

In 2019, when I was appointed as National Director law. Those who did not meet this standard were
of Public Prosecutions (NDPP) after a transparent removed, and internal disciplinary processes have
selection process, South Africa was reeling. A been instituted against colleagues facing allegations
decade of grand corruption perpetrated during of impropriety. This is vastly different to the NPA of
the state capture era had almost destroyed our the state capture years. While the wheels of justice
country, disproportionately affecting the poor and are not turning as fast as we would like, the days of
the vulnerable. South Africans were crying out for widespread impunity and the unlawful persecution
accountability, and all eyes were on the National and targeting of persons that posed a risk to the
Prosecuting Authority (NPA) to deliver justice and state capture project are over.
restore faith in the rule of law.
Our turnaround strategy to build a fit-for-purpose,
I returned to the NPA as an optimist, after just over modern prosecution service included the following
nine years at the International Criminal Court in the key strategic initiatives:
Hague. I had a burning ambition to fight the good
• Establishing an Office for Ethics and
fight for justice and contribute in a meaningful
Accountability (OEA) to promote accountability
way to rebuilding the NPA and our country. I could
and service delivery
never have known the extent of the challenges
that lay ahead: not only for the NPA, but also for • Launching a Community Prosecution Initiative
the broader criminal justice system that had been (CPI) to deal proactively with crimes affecting
(intentionally) brought to its knees by the architects local communities
of state capture. • Finalising a Corporate Alternative Dispute
Resolution (C-ADR) mechanism to strengthen the
Yet despite these challenges, we have made
NPA’s ability to deal with corporate corruption
important progress. I wish to thank the many hard
and recover stolen monies, a critical aspect of
working and committed NPA staff who continued
accountability and justice
to serve the people of South Africa during the dark
days of state capture and who assisted with the • Developing a proactive Organised Crime Strategy
challenging task of rebuilding the organisation. to deal with this growing form of criminality that
Together, we have breathed new life into the rule threatens the social, economic and political
of law and we are nursing it back to health. Our wellbeing of South Africa
country has again become a beacon of hope in a • Redesigning our approach to recruitment,
world where the rule of law is being stress-tested retention and skills’ development relating to
like never before. specialised investigators and prosecutors in
fields such as organised and commercial crime.
Five years into our new Strategic Plan, the NPA today
For the first time, the NPA will have a holistic
is a well-run, professional entity with leaders (who
strategy on promoting, nurturing and retaining
are predominantly women) of the highest standards
specialist staff.
of integrity and skills, beholden only to the rule of
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2023/24 Annual Report

National Prosecuting Authority South Africa
Given the high crime rates and increasingly complex We worked tirelessly with the Department of Justice
and sophisticated nature of crime, the NPA is faced and Constitutional Development (DoJ&CD) to
with the ongoing challenge of conducting high- strengthen the legal framework and establish the
quality investigations, successfully prosecuting Investigating Directorate Against Corruption (IDAC)
criminals and recovering the ill-gotten proceeds of as a permanent unit within the NPA. Legislation
crime. The NPA does this against the headwinds has now been passed that creates a permanent
of challenges within the broader criminal justice prosecution-led unit with criminal investigative
system, low public trust in law enforcement powers to deal with complex corruption and related
institutions and the increased use of delaying or crimes. A well-capacitated IDAC and a private
‘Stalingrad’ tactics by well-resourced accused sector-supported, state-of-the-art digital forensic
persons, especially in corruption matters. However, analysis capability will radically enhance the NPA’s
we are ramping up our multi-faceted response to ability to combat complex forms of corruption.
these ‘Stalingrad’ tactics, which includes training This is part of a broader Presidential Partnership
our prosecutors on how to effectively use the law Initiative to leverage the private and non-profit
to push back against unjustified delaying tactics by sectors in critical sectors of government, including
defence counsel, and by briefing – where necessary in support of the NPA, without compromising the
– external legal counsel to support prosecutors in NPA’s independence.
high-profile matters.
Prosecutorial independence is vital for the NPA to
We have built a solid foundation but rebuilding prosecute and hold accountable the political and
something so undermined by state capture is a private sector architects of corruption, without any
continuous and painstaking process. It took almost interference, and thus reaffirm the rule of law. It is also
10 years of state capture and deliberate internal critical to strengthen public trust and confidence in
attacks against the criminal justice system to the prosecuting authority. We are working with the
undermine it. It was always going to take more than DoJ&CD to promote legislation that will entrench
five (COVID-affected) years to rebuild it. the NPA’s financial and operational independence
in law, giving effect to the President’s response to
The sharpest weapon in the NPA’s anti-corruption
the recommendations of the Judicial Commission of
arsenal is the Investigating Directorate (ID), which
Inquiry into Allegations of State Capture, Corruption
was established in 2019 to investigate and prosecute
and Fraud in the Public Sector including Organs
complex corruption and state capture-related
of State (hereafter ‘Zondo Commission’) and the
matters. Despite initial resource and capacity
Minister of Justice’s commitments to Parliament in
constraints, and a weak founding legal framework,
this regard.
the ID has done remarkable work. As a growing unit
with over 100 specialised staff, the ID has authorised Notwithstanding the excellent rebuilding efforts that
117 matters involving 212 accused persons and 68 have borne fruit – which really gained momentum
entities. Of these, 78 are under investigation and 39 post-COVID once the NPA’s top leadership was in
cases are enrolled. place in March 2021 and have often occurred away
from the public eye – we understand that the public
And despite what some critics might say, a quick
wants to see more and faster action against the
scan of these cases will refute any suggestion that
corrupt, in particular those in positions of power.
the NPA is not prosecuting any ‘big fish’ of state
This passion for the rule of law and accountability
capture. On the contrary, South Africa is one of the
is what makes South Africa so special. It is this
few countries in the world prosecuting many senior
passion that motivates every NPA employee. And
government officials (including ex-Ministers) and
it is this passion that must continue lighting South
private sector actors (including top Chief Executive
Africa’s path towards becoming a mature and stable
Officers) for complex corruption and related
constitutional democracy.
offences. We are not letting the corporate entities
off the hook either, as evidenced by the prosecution It is not just the ID that is tackling complex corruption
of several companies and the innovative (and matters. In the past year, our Specialised Commercial
punitive) C-ADR processes in relation to others. Crimes Unit (SCCU), working together with the
 12

Foreword by the National Director of Public

National Prosecuting Authority South Africa
2023/24 Annual Report

Prosecutions – continued

Directorate for Priority Crime Investigation (DPCI), and court directed services. In the past year, 41 158
achieved 333 convictions in serious and complex victims received pre-trial services. Partnering with
commercial crime cases from 372 verdict cases, a the South African Police Service (SAPS), progress has
high conviction rate of 90%. The SCCU has enrolled also been made in clearing a backlog of 49 374 DNA
four cases related to 16 recommendations from the reports between October 2020 and the end of May
Zondo Commission, including the ‘Asbestos’ and 2024. This has helped to expedite the prosecution
‘SA Express’ matters. Several other matters will be of sexual offences cases and strategically target
ready for enrolment in the next few months. In the serial rapists identified through this project. In the
past five years, almost 700 government officials past four years, the TCCs dealt with 61 serial rapists.
and over 1 000 private sector individuals have been Despite these important achievements, as well as
convicted for corruption. a high conviction rate of 78% and increasingly long
sentences being meted out in the courts on a daily
Through this work, and our important partnerships
basis, our country still requires a whole-of-society
with law enforcement agencies, we have made
approach to address this scourge, ensure that the
notable progress in addressing the Financial Action
reporting rate amongst victims is improved and
Task Force (FATF) recommendations. This will help
that a greater number of reported cases result in
to ensure that South Africa can be taken off the
convictions.
FATF’s grey list as soon as possible.
Organised crime poses a grave threat to South
Although the focus is on corruption, this is not
Africa’s democratic institutions, economy and
the only serious crime that the NPA is dealing
people. While the NPA has achieved a remarkable
with. Across the country, approximately 4 300
93.4% conviction rate in prosecuting organised
prosecutors finalised over 900 000 criminal matters*
crime cases, a lot more needs to be done to ensure
annually, daily serving the people of South Africa in
that the kingpins of organised crime are held
their quest for justice. Existing conditions in many
accountable. Amongst many forms of organised
of the courtrooms from which the NPA prosecutors
crime, essential infrastructure related offences
operate are far from ideal, but this does not prevent
impact negatively on our daily lives; the impact
them from carrying out their duties in service of the
on the economy is debilitating, with far reaching
people of South Africa. We continue to engage with
consequences. The prosecution of these cases
the DoJ&CD in this regard.
increased from 667 verdict cases in 2022/23 to 803
The NPA prosecutes hundreds of matters that affect in 2023/24. However, prosecuting the foot-soldiers/
the safety and wellbeing of communities daily. This runners (which keeps our already backlogged
has been aided by the Thuthuzela Care Centres system busy) will not address the problem. Close
(TCCs), which provide comprehensive services cooperation with our partners in the criminal justice
and support to victims of sexual violence. The TCC system is needed to proactively identify kingpins
footprint has been extended from 55 in 2020/21 to and, through intelligence-driven operations and
64 currently. following the money, strategically select and
In the past three years, partnerships with business prioritise organised crime investigations and
have been critical to the accelerated establishment prosecutions for impact.
of new TCC sites or the re-accommodation and The Specialised Tax Unit (STU), working with the
refurbishment of existing sites. In 2021, the mandate South African Revenue Service (SARS) and the DPCI,
of the TCCs was extended to include all forms of has achieved an exceptional conviction rate of 97%
gender-based violence (GBV). A specific domestic with lengthy periods of imprisonment imposed in
violence protocol was adopted to ensure that some cases.
complainants receive psychosocial, medico-legal

* Criminal matters finalised include decision dockets which resulted in a decision not to prosecute (Nolle Prosequi), cases finalised through verdict,
cases finalised through ADRM (informal mediation, diversions etc.), matters where admission of guilt was determined by the prosecutor and it was
paid prior to enrolment, appeals finalised in the High courts, representations finalised as well as criminal/court matters finalised.
 13

2023/24 Annual Report

National Prosecuting Authority South Africa
“Organised crime poses a grave threat to South Africa’s democratic
institutions, economy and people. While the NPA has achieved a
remarkable 93.4% conviction rate in prosecuting organised crime cases, a
lot more needs to be done to ensure that the kingpins of organised crime
are held accountable.”

Ensuring accountability and justice for apartheid- streets. However, much more needs to be done,
era atrocities is a top priority for the NPA. The together with our law enforcement partners, in
families have been waiting for years to find closure strategising about how to address the unacceptably
and answers to what happened to their loved ones. high crime rates in our country.
The delay in dealing with matters emanating from
Accountability is not only about prosecutions;
the Truth and Reconciliation Commission (TRC)
ensuring that crime does not pay removes the
has exacerbated the challenges faced by the NPA
incentive for committing crime driven by greed
in instituting prosecutions. However, significant
and is an important aspect of accountability. In this
progress has been made by 16 dedicated TRC
regard, the Asset Forfeiture Unit (AFU) has been
prosecutors, working with a dedicated team of
at the forefront of the NPA’s strategy to deal with
DPCI investigators, in guiding 159 investigations.
corruption and the Zondo Commission findings.
Ten matters are currently in court, one of which
One of the reasons why conviction-based asset
includes charges of international crimes committed
recovery cases are not being finalised is because
during the apartheid era. In State v Madonsela,
they depend on a conviction – these are often
the accused was sentenced to ten years’ direct
delayed by complex investigations and, once
imprisonment for a murder during which the
enrolled, highly contested cases. To address this
deceased was shot dead by police on 2 February
challenge, and in line with its ambitious Asset
1989.
Recovery Strategy, the AFU has consciously
The Missing Persons Task Team (MPTT) continues decided to focus on Chapter 6 of the Prevention of
to do incredible work, in collaboration with the Organised Crime Act, 121 of 1998 (POCA), where
TRC Unit in the DoJ&CD, in tracing and returning appropriate, which involves non-conviction-based
the remains of victims to loved ones. This includes recoveries. The AFU has entered into international
returning the remains of the tenth victim of the partnerships to pursue assets dissipated across the
group known as the Mamelodi 10 to the families. border of South Africa, particularly in the context of
Many symbolic reburials have been conducted for corruption and organised crime.
other victims. The graves of 44 of those who died in
The increasing innovative use of C-ADR has been
exile in Lusaka and Livingstone were identified and
reaping dividends. In January 2024, in collaboration
mapped for exhumation in 2024, while 23 graves
with DPCI and the United States (US) Department
were located in Zimbabwe.
of Justice, a further R2.2bn was recovered from the
Long custodial sentences have been handed down SAP resolution. Of this, R750m has been paid into
in many cases referred to in this report, exemplifying the Criminal Asset Recovery Account (CARA). The
the serious crimes prosecutors deal with daily. AFU has restrained and preserved more than R14bn
Each of these successful prosecutions was the of state capture-related assets. To date, R6.12bn has
culmination of months and even years of painstaking been confiscated or forfeited and R6.26bn has been
investigative and prosecutorial work. These cases recovered, including from the landmark Asea Brown
provide some justice and closure to the victims and Boveri (ABB) case.
their families and remove violent criminals from our
 14

Foreword by the National Director of Public

National Prosecuting Authority South Africa
2023/24 Annual Report

Prosecutions – continued

Success in the NPA’s core business of prosecuting the independent constitutional mandate of the
crimes requires professional strategic and NPA. The support of the Director-General of Justice
operational support. Our new Strategy, Operations and Constitutional Development, as the Accounting
and Compliance (SOC) Division has stepped Officer of the NPA, is also acknowledged.
up to this task to ensure that the NPA is well run,
I would also like to welcome the newly appointed
properly resourced, strategically aligned and
Minister of Justice and Constitutional Development,
has the appropriate monitoring and compliance
Ms T Simelane, and Deputy Minister of Justice and
policies and systems in place. Budget advocacy
Constitutional Development, Mr A Nel. I wish them
has been a key priority for the NPA over the past
well in their new portfolios and particularly in their
five years and is critical to its rebuilding efforts.
endeavours to uphold and protect the Constitution
The inability to recruit staff in prior years seriously
and the rule of law to ensure that all South Africans
eroded the effectiveness and morale of the NPA.
live in a safer and more secure South Africa.
However, attracting and recruiting over 1 000
young, passionate graduates through the Aspirant The NPA’s vision is ‘Justice in our society so that
Prosecutor Programme (APP) has been a highlight people can live in freedom and security’. As NDPP,
of the past five years. These aspirant prosecutors I am acutely aware of the legitimate expectations
are making a significant difference in the courts. of all South Africans to see justice being delivered
effectively, fairly and swiftly. It is with this awareness
This annual report reflects the highlights of the
that we renew our pledge to serve with integrity,
collective efforts of our dedicated prosecutors, legal
fairness, humility and a relentless pursuit of justice.
professionals and support staff – working together
Rebuilding the NPA is an ongoing and complex
with partners in government, civil society and the
process. But after five years of steady progress,
business sector – to build an effective, accountable
we have a solid basis from which to continue our
and inclusive institution. The dedication of the
collective efforts to build an NPA that all South
NPA leadership and the staff to serving the
Africans can be proud of.
people of South Africa – often under difficult and
challenging circumstances – is acknowledged with
my deepest gratitude. I have also been humbled
and encouraged by the tremendous goodwill and
support that organised business, the country’s
development partners and civil society have shown
for building a fit-for-purpose NPA.
Adv. S Batohi
I wish to acknowledge and appreciate the support
National Director of Public Prosecutions
of the honourable former Minister of Justice and
Correctional Services, Mr R Lamola, and the Deputy 31 August 2024
Minister of Justice and Constitutional Development,
Mr J Jeffery, both of whom understand and respect
 National Prosecuting Authority South Africa
15

2023/24 Annual Report

INITIATIVES
STRATEGIC
 16

STRATEGIC INITIATIVES
National Prosecuting Authority South Africa
2023/24 Annual Report

The NPA’s 2020–2025 Strategic Plan was designed to ensure the long-term
stability of the organisation, improve public confidence and perceptions in
the NPA, instil a culture of integrity and high performance through impactful
prosecutions, and strengthen the rule of law in South Africa. To steer the
implementation of the Strategic Plan, the NPA launched complementary
strategic initiatives overseen by the NPA’s Executive Committee (ExCo) and
Management Committee (ManCo).

Notable achievements and highlights from the strategic initiatives are outlined below.

PROGRESS TOWARDS IMPROVED OFFICE FOR ETHICS AND

INDEPENDENCE OF THE NPA ACCOUNTABILITY
Operational and financial independence reinforces The NPA Act provides for an internal NPA
the rule of law and is crucial for bolstering public trust complaints mechanism. Drawing on international
and confidence in the NPA. It is also an important good practices on public sector accountability, the
obligation under various international and regional NPA worked with the DoJ&CD to establish such a
treaty requirements and key judgements by South mechanism. This has been an ongoing priority for
Africa’s Constitutional Court. It’s an imperative that the NPA for many years.
the NPA has been championing for many years.
In late 2023, the Minister promulgated Regulations
The need for enhanced operational and financial to establish the OEA. The OEA is a business unit
independence of the NPA was reinforced during a in the Office of the NDPP and will be headed by a
meeting of the Portfolio Committee on Justice and Special Director of Public Prosecutions (SDPP).
Correctional Services in November 2023, when the
The OEA’s mandate is to:
Committee Chair requested the Minister of Justice
and Correctional Services (hereafter ‘the Minister’) • Develop, promote and maintain an inherent
to provide timelines to complete the review of the culture of ethics, integrity, accountability,
National Prosecuting Authority Act, 32 of 1998 (NPA compliance and good governance in the
Act) to address aspects of the NPA’s operational prosecuting authority
and financial independence. • Promote and maintain a high standard of
professional ethics
The NPA is working with the DoJ&CD to promote
legislation that will entrench the NPA’s operational • Implement and manage a complaints procedure
and financial independence. The NPA has in the prosecuting authority that enables any
undertaken several investigations and research person to report any complaint
projects to guide the necessary legislative reforms • Maintain a complaints procedure based on
for its enhanced independence. Building on this and intended to be guided by the principles of
research, the NPA will establish an internal task promptness, fairness, consistency and uniformity
team to guide the policy and practical changes • Promote efficient service delivery in the
required to give full effect to the pending legislative prosecuting authority.
amendment. This will also give effect to the
President’s response to the Zondo Commission’s
recommendations.
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2023/24 Annual Report

National Prosecuting Authority South Africa
COMMUNICATING FOR IMPACT ENHANCING NPA CAPACITY
Effective communication and transparency are The NPA’s best asset is its staff, who must be well
important for ensuring the NPA is accountable trained, specialised and professional. Over the
and credible. The NPA has enhanced its public past five years, the NPA has significantly increased
profile through professional, timely and accurate its staff complement. However, it experienced
communication on key issues. Press statements negative personnel growth during the last financial
and social media updates, as well as regular year due to limits on the allocated compensation
media briefings and opinion pieces by the NPA’s budget. At the end of March 2024, the NPA had 168
leadership, inform the public of progress on fewer employees compared to the previous year.
high-profile corruption cases, the outcomes of
significant prosecutions and important institutional
developments at the NPA.
NPA staff also participate in high-profile public
events and speak to targeted groups such as
In 2023/24, 357 staff were added through
business leaders, investors, international partners,
recruitment processes. Of these, 124 were
community-based organisations and community
recruited from outside the organisation
policing fora to raise awareness of the NPA’s
for permanent positions, 27 were brought
services and activities. This helps deliver on a key
in on fixed-term contracts and 206 were
NPA outcome: enhancing investor confidence in
internal promotions and transfers. The
South Africa.
APP added 183 aspirant prosecutors to
ELECTRONIC CASE MANAGEMENT the NPA’s permanent establishment.

SYSTEM
An Electronic Case Management System (ECMS) The following initiatives were undertaken to
enhances efficiency by automating routine tasks, enhance staff capacity:
ensures accuracy and maintains data integrity. It
also fosters better collaboration through real-time Capability review and capacity
information sharing and secure access control. The enhancement initiative
ECMS provides comprehensive case management In 2023, the NPA undertook a comprehensive review
with centralised records, making information retrieval of the prosecution and related skills and capabilities
and case progress monitoring more efficient. of staff within the five specialised units that deal
with corruption, commercial crime, organised crime,
asset recoveries and related prosecutions – the AFU,
Over ID, Organised Crime Component (OCC), SCCU and
STU. This review is a crucial component of the NPA’s

3 000 broader initiative to refine its recruitment, retention

and professional development strategies, aiming to
prosecutors have been trained foster a cohesive approach towards enhancing and
preserving specialised talent.
on how to use the ECMS
The findings of this review highlighted that the NPA
has a solid foundation of seasoned prosecutors
To ensure the availability of reliable data from the capable of handling most of the serious cases.
ECMS, enhanced security and business continuity Nevertheless, it also underscored an urgent need
for the Magistrates’ Courts, ECMS was migrated to to augment existing capabilities, particularly in
a cloud service (a form of internet-based computing response to the evolving digital landscape of crime
that provides shared resources and data to and the growing complexity of corruption-related
computers and other devices on demand). offences.
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National Prosecuting Authority South Africa
2023/24 Annual Report

During 2023/24, Human Resources Management CORPORATE ALTERNATIVE

and Development (HRM&D), in collaboration with
the Institute for Security Studies (ISS), engaged
DISPUTE RESOLUTION POLICY
staff from the specialised units to formulate a During the year under review, the NPA adopted a
series of practical recommendations. These C-ADR Policy. The policy’s development was based
recommendations include creating a robust on international good practice, as well as the insight
framework for nurturing specialisation, enhancing that it may be in the interests of justice to resolve
capacity through targeted on-the-job training matters involving certain corporations accused of
methods such as mentoring and coaching, and serious corruption and related offences through
delivering training programmes tailored to those avenues other than criminal prosecution. C-ADR
employees who demonstrate both a need for and is an important tool in the NPA’s wider toolbox to
an aptitude toward these advanced skills. extract accountability through punitive reparations,
enhanced cooperation in criminal matters, and
Training and development interventions recovering stolen money swiftly to support broader
Training and development remained a key priority law enforcement efforts.
for the NPA. In the last financial year, 3 526 C-ADR is generally understood as electing to dispose
employees (an increase of 191 from the previous of a suitable and applicable criminal case against a
period) benefited from attending 141 training company other than through normal criminal court
programmes. proceedings. Criminal cases are diverted away from
the formal criminal justice system at the pre-trial
COMMUNITY PROSECUTION stage, with a view to disposing the case against
INITIATIVE the company while still being able to proceed
Since late 2020, the NPA has implemented the with prosecutions and asset forfeitures against the
CPI to address and prevent crime in specific company’s directors, employees or agents.
geographic areas across South Africa. Through this The use of ADR mechanisms in respect of
initiative, prosecutors are building partnerships companies enables the NPA to effectively address
with communities, civil society organisations and multi-jurisdictional offences committed by
government agencies to devise strategies and multinational companies, obtain the disgorgement
solutions aimed at preventing and tackling specific of the proceeds of unlawful activities, as well as
forms of criminality and disorder. compensation to victims in appropriate cases, and
Community prosecutors are an asset to the NPA in turn meet the country’s international obligations
as well as local communities. For example, they to combat corruption and other economic offences.
can inform the strategic prosecution of habitual Additional advantages include enhancing corporate
offenders, gang leaders and crime kingpins who accountability within South Africa’s corporate
have been identified by communities as being sector and advancing a culture of compliance
drivers of crime, violence and disorder. They can with laws and regulations within a company. To be
also provide regular progress reports on cases considered for C-ADR, companies typically must pay
that are significant to the community and gather back a significant amount of money, improve their
community impact statements to be used in court. anti-corruption policies and prevention methods,
As of April 2024, 48 community prosecution sites collaborate with law enforcement authorities
have been established, each focusing on critical and take disciplinary action against individual
crime and public safety issues such as GBV, wrongdoers.
stock theft, cable theft, crimes against essential Using the C-ADR policy, the ID finalised a wide-
infrastructure and criminality linked to alcohol and ranging settlement agreement with ABB to pay over
drugs. R2.5bn in punitive reparations related to serious
crimes committed at Eskom during the state capture
period. The NPA also concluded a resolution with
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2023/24 Annual Report

National Prosecuting Authority South Africa
SAP to ensure that more than R2bn is returned to To this end, the NPA initiated a prioritisation pilot
South Africa for the criminal roles played by SAP’s in its Durban Cluster under the motto ‘Ikhaya
former directors and the employees of its South Lethu’ (Our Homes), with a focus on the crime of
African subsidiary. SAP provided the NPA with housebreaking. Housebreaking was chosen based
information to pursue investigations and possible on several key insights:
prosecution of implicated individuals. • Residential housebreaking is a crime that
typically tops the list of perceived prevalence and
GETTING ORGANISED IN fear. This directly impacts the NPA’s aspiration of
RESPONSE TO ORGANISED CRIME ensuring that ‘all people in South Africa are and
Increasingly sophisticated and pernicious forms feel safe’.
of organised crime pose a significant challenge to • According to Statistics South Africa’s latest
South Africa, threatening the country’s democratic Victims of Crime Survey, housebreaking was the
institutions, its economic wellbeing and its people. most common household-level crime in 2022/23,
Organised criminal groups are behind numerous with 1.56m incidents affecting 1.1m households.
seemingly disparate criminal incidents occurring Nationally, 5.7% of all households – or one in 18
daily in South Africa. Its victims can be found households – were burgled in 2022/23.
across the social and economic spectrum, but • There is a strong link between housebreaking
disproportionately affect the poor. and other types of serious crime such as house
South Africa’s law enforcement agencies are faced robberies, and housebreaking is often committed
with an enormous caseload burden, coupled with by syndicates as a form of organised crime.
personnel and resource constraints. Random The Durban pilot seeks to disrupt organised
prosecutions, even if significant in number, have little criminal activities more effectively by enhancing
impact on the wider ecosystem of organised crime. prosecution-guided investigations and prosecutor-
During the year under review, the NPA developed investigator collaboration. It also seeks to prosecute
a comprehensive Organised Crime Strategy that more strategically and efficiently by identifying
reflects its commitment to dealing with rising levels linkages between similar offences and offenders
of organised crime. The NPA will disrupt and reduce and by allocating appropriately skilled NPA and
organised crime through a multi-stakeholder SAPS human resources to the investigation and
approach, collaborating closely with key partners, prosecution of housebreakers. The aim is to expand
including the SAPS, DPCI and SARS. the pilot across other provinces in the coming years.
Internally, the NPA is enhancing its capacity and It is anticipated that the Durban pilot will, inter alia,
skills to deal with existing and evolving forms of bring about the following benefits:
organised crime. The NPA is also developing an in-
• Decreased withdrawals of housebreaking matters
house analysis capacity to better understand – and
target – organised crime kingpins and the drivers • Increased conviction rates for housebreaking
behind organised crime syndicates. prosecutions
• Increased number of cases enrolled and finalised
PRIORITISING CRIMES THAT CAUSE • Improved quality of investigations and evidence-
THE MOST HARM gathering
One of the NPA’s strategic priorities is the • Disruption of housebreaking syndicates
development and adoption of a Prioritisation • Effective sentencing to incapacitate serious
Policy in relation to crimes affecting the day-to- offenders.
day security of all South Africans. The objective is
to prosecute more strategically, targeting repeat
offenders, crime syndicate leaders and their assets,
and crimes that disproportionately undermine
public safety.
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Strategic initiatives – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

the establishment of additional IDs.

IDAC has the mandate to carry out investigations and
the prosecution of serious, high-profile or complex
corruption, commercial or financial crime cases,
such as those arising from the recommendations of
commissions of inquiry.
The IDAC will be a critical component of South
Africa’s anti-corruption architecture and is necessary
to effectively combat state capture corruption. Its
independence is vital. For the IDAC to be effective,
it must be able to attract and retain the necessary
skills, expertise and experience to deliver on its
mandate.
The IDAC has developed a comprehensive plan
to give effect to the NPAA Act, which includes
the structure and operating model, recruitment,
retention of staff, financial management, security
management, Information and Communications
Technology (ICT), communications and operations
management.
LEGISLATIVE DEVELOPMENTS AND
RELEVANT COURT CASES Regulations on the establishment of an
Office for Ethics and Accountability
Investigators in the ID get peace The Minister issued regulations establishing the
officer powers OEA in the DoJ&CD’s Notice No. R. 4109 published
The Minister published Government Notice No. in Government Gazette 49759 on 24 November 2023.
4115 in Government Gazette 49772 on 27 November
The OEA is a structure in the Office of the NDPP as
2023 announcing that investigators in the ID have
contemplated in section 22(5) of the NPA Act and is
been declared peace officers.
a critical step in building an ethical NPA that holds
This Government Notice amended a provision in its staff accountable for wrongdoing.
the previous Government Notice that required
The Integrity Management Unit (IMU) is to be
a firearm competency certificate to be declared
absorbed into the OEA, but the OEA’s scope is
a peace officer. The requisite certificates of
much wider:
competency have been obtained from the
National Commissioner of Police. This is a crucial • The OEA will be headed by a SDPP
development as it enhances the effectiveness of • The investigation of complaints is significantly
the ID’s investigation of serious corruption or state enhanced by its Complaints Division being
capture related crime, strengthens its operational headed by a Deputy Director of Public
efficiency and streamlines its core functions. Prosecutions (DDPP) and assisted, inter alia, by
prosecutors
National Prosecuting Authority • The OEA will play a more proactive role in
Amendment Act, 10 of 2024 developing, promoting and maintaining ethics,
The NPA Amendment (NPAA) Act was signed into integrity, accountability, compliance and good
law by the President of South Africa on 24 May 2024. governance in the NPA
The NPAA Act amends the NPA Act to provide for • The OEA Regulations apply to and bind all
the establishment of a permanent IDAC with full members of the NPA. However, insofar as the
investigative powers, separate determination of investigation of complaints is concerned, the
conditions of service for investigators, a mechanism OEA regulations will not apply to any member of
to deal with complaints against IDAC personnel and an ID or the IDAC, as set out in the discussion of
the NPAA Act.
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2023/24 Annual Report

National Prosecuting Authority South Africa
Maughan and Another v Zuma 2023
and President of the Republic of
South Africa v Zuma and Others
Private prosecutions were instituted by an accused, Jacob Gedleyihlekisa Zuma, while his related
fraud and corruption trial is pending.
Frontal challenges1 were brought by William John Downer SC, the accused persons summonsed in
the private prosecutions and the prosecutor in the pending corruption charge. The frontal challenges
were upheld, and the private prosecutions were accordingly set aside.
The combined tenor of both judgments is that there is no absolute rule against a frontal challenge
being lodged against a criminal prosecution. In general, a frontal challenge should be discouraged
and pertinent issues left to the trial court. However, a frontal challenge should be allowed where
a litigant wishes to challenge a clearly unlawful criminal process to enforce his or her fundamental
rights. When determining whether a frontal challenge should be allowed or not, the interests of
justice are paramount.
The Courts affirmed that a public prosecution that was brought for an ‘ulterior’ or ‘improper’ purpose
(that is, for reasons other than bringing the accused person to justice), constituted a breach of the
principle of legality and amounted to an ‘abuse of process’.
A court may have regard to whether there are reasonable prospects of a successful prosecution in
determining whether there has been an abuse of process in instituting the prosecution. It was held
that a prosecution that was unsustainable also constituted an abuse of process of the court.
In respect of the private prosecution instituted against Downer, the Court held that, as was apparent
from the unsustainability of the charges and the previous meritless challenges relating to Zuma’s
criminal prosecution stretching over a 20-year period, the private prosecution was instituted with
ulterior motives, that of preventing Downer from prosecuting the matter and forming part of wider
‘Stalingrad’ tactics to delay his prosecution.
In a related case, which involved a frontal challenge being lodged against the private prosecution
instituted by Zuma against the President of the Republic of South Africa, the Court held that a
prosecution is an abuse of process where the objective of obtaining justice is absent but the
prosecutor is enabled to harass the accused or fraudulently defeat his or her rights.
The Court found that it was clear that the frontal challenge was brought to enforce the individual
rights of the accused person not to be subjected to a clearly unlawful private prosecution process,
thus protecting and vindicating the rule of law. The prosecution was instituted for an ulterior purpose,
in what amounted to an abuse of the court’s process, and was set aside.
The private prosecution of the President also failed because the nolle prosequi certificates did not
pertain to the President and neither was the President mentioned or considered as a suspect in the
case docket that the Director of Public Prosecutions (DPP) declined to prosecute.

1 ‘Frontal challenge’ is a term used by our courts to describe preliminary litigation, or pre-trial challenges or applications (interlocutory
applications), challenging aspects related to criminal investigations and/or the institution of criminal proceedings or criminal trials.
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2023/24 Annual Report

Mapisa-Nqakula v The National

Director of Public Prosecutions
and Others
In this matter being handled by the ID, the the police station and then to court. The Court
suspect was to be arraigned on corruption found that this was already a courtesy extended
charges involving more than R4.5m. to her and an exception to what ordinary citizens
are afforded.
On 22 March 2024, the suspect filed an urgent
application to interdict the State from arresting Second, the Court observed that if it were
her while the State was engaging with her to grant an order interdicting an arrest, the
to hand herself over at the police station for floodgates would be opened and every suspect
processing in preparation for the enrolment could approach a court on this basis, merely
of the criminal case. The State also indicated setting out in a founding affidavit that the arrest
to the suspect that it did not intend opposing in future would be unlawful. The Court found
bail. The suspect was told that an arrest without that this would result in the whole criminal
a warrant would be carried out if she failed to justice system failing and being controlled by
present herself to the police. suspects.
The suspect’s application was predicated on The Court rejected the argument that it could
the assertion that her arrest would be unlawful, exercise judicial oversight to interdict an arrest
harm her dignity and undermine her standing stating that there was no authority for this
in society and under the Constitution as the contention. In the cited case, which involved a
Speaker of Parliament. It was also stated that private prosecution, the issue arose as to the
the case against her was weak and ‘riddled lawfulness of a summons to appear in court,
with irregularities which could never justify the with a plethora of grounds regarding its validity
infringement and imperilment of the applicant’s being raised. However, in the present case, no
constitutional rights; let alone the applicant’s arrest had been made and no unlawfulness on
position as the Speaker of the Parliament.’ its own had been explained to the Court, except
for pure speculation.
The Court found that no facts were set out as
to why an arrest would be unlawful. The claim As this case was not a private prosecution, a
that the State had a weak case was based on higher threshold existed when seeking relief
speculation given that the suspect did not have in the form of an interdict against a statutory
access to the case docket. The Court held that authority performing a function within its
it could make no finding based on speculation domain.
and accordingly that it could make no finding on
In seeking the interdict against her arrest, the
whether an arrest would be unlawful.
applicant relied on the fact that she had a right to
The Court held that it was not within the power legal representation of her choice. The suspect’s
of the Court to instruct the relevant authorities legal representative was only available on 3
to employ less invasive or milder means of April 2024. However, the legal representative
securing the suspect’s attendance at court. had already been apprised by the State that
the delay in processing the suspect was out of
First, there were no grounds set out as to why
courtesy and that this was neither a negotiation
the suspect had to be issued with a summons
nor open-ended. The Court found that the
instead of being arrested. The Court noted
State was clearly aware of the suspect’s rights
that the State was prepared to arrange that the
and had afforded her ample time to report to
suspect’s legal representative could take her to
the police station with a legal representative.
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2023/24 Annual Report

National Prosecuting Authority South Africa
The State v
Mdluli and
Others
The accused were arraigned on various
counts of corruption, contravention of
The Court also pointed out that the right to POCA and fraud, stemming from the time
legal representation in a criminal case was they were employed in the SAPS.
a right for an accused, arrested or detained
person, which the applicant was not. However, A delay in the criminal proceedings was
the Court recognised that the suspect’s rights caused by Mdluli seeking a judicial review
had to be explained to her at the time of arrest of the SAPS’ decision not to fund his legal
and these ‘informational duties’ entitled the fees. Mdluli did not want to proceed with
suspect to legal representation. Nevertheless, his trial until the review application was
the Court ruled that this did not include the finalised, notwithstanding the undertaking
legal representative dictating to a police official by the State Attorney that the SAPS would
when they may fulfil their duties. The Court refund the accused in full for all reasonable
reiterated that it could not interdict to prevent expenses should he succeed on review.
statutory authorities from complying with their The State lodged an application for an order,
statutory duties. in terms of section 342A of the Criminal
The Court could not find that urgency had been Procedure Act, 51 of 1977 (CPA), to prevent
established and struck the application against any further unreasonable delays as the
the arrest from the roll, with costs. matter could be stalled for a considerable
period if the parties had to wait for the review
After the Court gave its judgment on 2 April application to be finalised, with the further
2024, the suspect presented herself to the police possibility of an appeal if unsuccessful.
station concerned on 4 April 2024 and made her
first appearance in court on the same date. Her The Court found that the delay was not in the
bail application, which was not opposed by the interests of any party and would also have
State, was granted for R50 000. The case was the effect of prejudicing Mdluli. The quality
remanded to 4 June 2024 for the State to add of evidence could be compromised, and
another accused. witnesses could die, considering their ages.
The Court found that the failure of Mdluli
to timeously finalise the review application
caused an unreasonable delay to the criminal
proceedings and refused to grant a further
postponement. The parties were ordered to
set the trial date and for the trial to commence
irrespective of the review application being
finalised or not by such time.
The accused were ordered to finalise
all interlocutory applications that they
intended to bring before the date set for the
trial to commence.
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2023/24 Annual Report

Lethena and OtherState v Minister

of Police and Another
This was an action for damages based on
the alleged wrongful arrest and detention
of the plaintiffs and their alleged malicious, The Court noted that the purpose of an arrest
alternatively negligent, prosecution for unlawful is, inter alia, to allow for further investigations.
possession of firearms. If nothing more is uncovered, leaving only
the confession of the accomplice, the further
The lawfulness of the arrest
detention of the arrested person may well be
The plaintiffs contended that if a court has the
unlawful. Arresting a suspected accomplice on
discretion to impose a fine, then the offence
the strength of a confession by another cannot
was excluded from Schedule 1 of the CPA and
be equated with using that confession ‘as
an arrest without a warrant was impermissible.
evidence’ against that suspected accomplice.
The Court rejected this argument, holding
Less invasive means of procuring the
that such interpretation would detract from
attendance of an accused at court
the legislature’s intention to include the most
The Court found that there is no rule of law that
serious of offences in respect of which an
demands the use of a milder means of securing
arrest without a warrant would be competent.
attendance at court, and that courts have no
The Court found that the emphasis should
right to impose further conditions than what the
not be on the fact that the sentencing court
legislation has imposed. Once the jurisdictional
is empowered to impose imprisonment or a
requirements have been met and it is shown that
fine, but rather that the sentencing court ‘may’
the discretion to arrest was exercised rationally,
impose imprisonment (of more than six months)
the arrest will be lawful.
without the option of a fine.
Malicious or negligent prosecution and
The second issue was whether a lawful arrest
the duties of a prosecutor in enrolling a
could be made based on a confession by a
criminal case restated
co-accused. The Court ruled that there was
nothing in our law that prohibits the arrest of The Court accepted that the information
one accomplice based on the confession (lawful contained in the case docket showed
or not) of another accomplice. reasonable and probable cause for instituting
the prosecution and that there was no malicious
The Court was of the view that it was not bound or negligent prosecution.
by an earlier judgment by a full bench of the
Court as there was no reason for the judgement The Court found that there was no duty on the
and it was perceived as an incorrect finding. prosecutors to establish if there was a defence
and, even if they were informed of the defence,
The Court observed that if an arrest in they were not enjoined to decide who was or
these circumstances was impermissible, was not telling the truth.
the administration of justice may well be
compromised, in that members of the police On these premises, the Court ruled that the
services may be prevented from arresting prosecution had to continue.
accomplices implicated in confessions by other The Court pointed out that it is not incumbent
accomplices without a warrant. on prosecutors to determine or establish if an
arrest was lawful at the time of enrolment. When
deciding whether to enrol a criminal case, the
prosecutor should consider whether there was
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2023/24 Annual Report

National Prosecuting Authority South Africa
STAKEHOLDER ENGAGEMENTS
AND STRATEGIC
COMMUNICATIONS

evidence of a crime having been committed and Recognising that the NPA cannot prosecute itself
whether the accused was/were linked to it. out of the crime crisis facing South Africa, and
to ensure that a whole-of-society approach is
The Court ruled that the enrolment of the
embraced when tackling corruption, injustice and
criminal case could not be faulted. The Court
crime, the NDPP prioritised a series of stakeholder
also ruled that the plaintiff’s arrest, detention
engagements throughout the year.
and prosecution were not unlawful.
Key amongst these was hosting the annual civil
The impact of a retraction or recantation
society roundtable in August 2023 to provide
by a single witness of earlier incriminatory
feedback on progress made in fighting state capture
evidence on the lawfulness of a
and other forms of complex corruption. These frank
prosecution proceeding
engagements have been critical to enhancing
At a bail application, a single witness in this matter public confidence in the NPA and its work, while
recanted her previous statements implicating also sharing with key stakeholders the challenges
the plaintiffs. This witness was not called by that the NPA faces in giving effect to its strategic
the prosecution at trial, and the plaintiffs were objectives. They allow the NPA to communicate
discharged in terms of section 174 of the CPA. many of its achievements which, by virtue of being
The plaintiffs contended that after the witness good news, are not often covered by the media.
recanted her previous statements, the State had The NDPP participated in several events that
no case and should have withdrawn the matter. highlighted the importance of strengthening the
The State conceded that the prosecution would fight against gender-based violence and femicide
have been expected to seriously reconsider (GBVF), as well as empowering women and girls in
its position on whether the prosecution could our society. In April 2023, the NDPP participated in
proceed. The enrolment prosecutor explained the Ceremonial Sitting at the Pretoria High Court
that the witness could have been confronted with to mark 100 years of women entering the legal
her contradictory statements, declared a hostile profession. The NDPP also attended the Public
witness and the court urged to convict on the Service Women in Management Week conference,
strength of her initial statements. NPA Women’s Day events in Kimberley, was the
The fact that the trial prosecutor did not call the keynote speaker at the Africa Legal Aid’s Symposium
witness in question did not make the plaintiffs’ on Preventing GBV in Southern Africa and delivered
case stronger. The Court noted that if the witness an address at the Annual General Meeting of
had been declared hostile, the prosecution the South African Chapter of the International
would have been able to cross-examine her, Association of Women Judges. While the NDPP
during which the reason for her recanting would reaffirmed the important work being carried out
have come under scrutiny. by the criminal justice system in combatting crimes
against women and girls, she also called for the
The Court was unable to find that a conviction
adoption of proactive interventions to address the
would have been impossible, and thus could
gender norms and social and cultural practices that
not find that it was unlawful to proceed with the
enable women’s subordination and suppression.
prosecution. The Court ruled that the plaintiffs’
action had to fail and ordered that the plaintiffs’
claims be dismissed with costs.
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2023/24 Annual Report

In February 2024, the NDPP delivered a message jurisdictions. Under the theme of ‘Best Practices
of support to the Summit on Ethical Leadership in in dealing with sexual and domestic assault’, the
Local Government. In March 2024, she participated NDPP shared South Africa’s ground-breaking
in a workshop, organised by the ISS, to enhance interventions, including the establishment of TCCs
the selection process for the leadership of key law across the country to support victims of sexual and
enforcement agencies – such as the NPA, SAPS and domestic violence and enhance the possibilities of
Independent Police Investigative Directorate (IPID) – successful prosecutions in these matters.
to ensure the appointment of fit and proper persons
In July 2023 and January 2024, the NDPP attended
with the necessary integrity and competencies.
the Chandler Sessions on Integrity and Corruption
These engagements were driven by the NDPP’s
at the Blavatnik School of Government at the
commitment to building an NPA that is infused
University of Oxford. The Chandler Sessions
with the values of Independence, Professionalism,
convene a consistent group of senior leaders
Accountability and Credibility (IPAC).
from anti-corruption institutions together with a
Throughout the year, the NDPP communicated small group of academics and expert journalists
important information to the organisation through in regular meetings. Those attending the Sessions
NDPP Briefs. Organisation-wide communication work collaboratively, share experiences, debate the
was disseminated immediately following each effectiveness of policy responses and develop a
ExCo and ManCo meeting to keep staff informed new set of strategies for strengthening integrity in
of key decisions taken and updates on matters of government institutions and dislodging entrenched
organisational importance. corruption. Participation in these Sessions enabled
the NDPP to share South Africa’s efforts in
The NDPP also undertook regional visits to the North
rebuilding a fit-for-purpose NPA in the aftermath
West, Limpopo, Free State, Northern Cape and
of state capture. It also allowed her to benefit from
KwaZulu-Natal (KZN) provinces, which allowed her to
exposure to different and innovative practices in
interact with staff and get a first-hand understanding
building anti-corruption institutions.
of their accomplishments and challenges. These
visits, which were appreciated by staff, allowed the The NDPP supported regional activities to fight
NDPP to recognise staff achievements across the corruption and strengthen collaboration between
regions, contribute towards enhancing staff morale prosecution services in African countries. In
and emphasise the centrality of the IPAC values to particular, the NDPP attended the 6th Annual
future proofing the NPA. General Meeting of the Association of Anti-
Corruption Authorities of Africa in July 2023, as
ENGAGEMENTS WITH well as meetings of the Southern Africa Heads
INTERNATIONAL ORGANISATIONS of Prosecution Services Forum and the Africa
Prosecutors Association. In November 2023, the
In April 2023, the NDPP attended a workshop with
NDPP delivered a keynote address at the Malawi
the Basel Institute on Governance, an independent,
Anti-Corruption Symposium attended by heads
non-profit organisation dedicated to preventing and
of anti-corruption agencies in the Southern Africa
combating corruption and other financial crimes
Development Community region to mark the 25th
globally. The workshop focussed on enhancing
anniversary of Malawi’s Anti-Corruption Bureau. In
asset recovery in cases involving organised crime,
her speech, the NDPP called for the adoption of
and the collaboration has served to sharpen the
new strategies to restore and protect the integrity
NPA’s interventions to remove ill-obtained gains
of democracies from the constant danger of
from criminals.
corruption. These engagements strengthened the
In June 2023, the NDPP attended the annual Heads resolve of countries in the region to work together
of Prosecuting Agencies Conference in Montreal, more smartly and efficiently, and to stay ahead of
Canada. This conference provides a platform for changing crime trends that transcend physical
engagement between the heads of prosecuting boundaries and negatively impact the continent.
agencies of selected common law and related
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2023/24 Annual Report

National Prosecuting Authority South Africa
INTERNATIONAL COOPERATION IN Along with the coordinating national department,
the Department of Public Service and Administration
CRIMINAL MATTERS AND TREATY (DPSA), and other role-players, the NPA continues
OBLIGATIONS to actively participate in the G20 and Brazil,
While incoming requests for international Russia, India, China and South Africa (BRICS) Anti-
cooperation are channelled through the Corruption Working Groups, as well as the Working
Office of the Director-General of the DoJ&CD, Group on International Cooperation of the United
implementation and execution rests largely with Nations Office on Drugs and Crime (UNODC),
competent authorities, including the NPA. The NPA which support the implementation of UNCAC.
also plays a critical role in issuing and managing
South Africa assumed Chairmanship of BRICS
outgoing requests.
in January 2023 and hosted the Johannesburg
South Africa has ratified the Organisation for Summit in August 2023. In line with South Africa’s
Economic Cooperation and Development (OECD) Chairmanship, the NPA hosted the 5th Meeting of
Convention on Combating Bribery of Foreign Public the Heads of Prosecution Services of the BRICS’
Officials in International Business Transactions; it countries in November 2023 (on a virtual platform).
became the 37th country to join the Working Group
The enactment of the Cybercrimes Act, 19 of 2020,
on Bribery (WGB) on 19 July 2007. As part of a Task
has created new obligations for the NPA regarding
Team co-chaired by the DPCI and SCCU, the NPA
the provision of legal assistance to foreign states, as
was involved in coordinating the implementation of
well as processes for seeking assistance regarding
the WGB’s additional Phase 3 recommendations,
the preservation of traffic data from other states.
which include the investigation and prosecution
Although Chapter 5 of the Act has not yet been
of foreign bribery cases. The work was concluded
operationalised, the NPA continues to work actively
in December 2023. The Task Team reports on its
with key stakeholders to ensure that the necessary
work to the National Priority Crime Operational
standard operating procedures, directives and
Committee (NPCOC) meetings. The Task Team
other prerequisites provided for are in place for the
started preparing for South Africa’s Phase 4
efficient implementation of the Act.
assessment during 2023/24.
In 2023/24 a total of 73 incoming and outgoing Mutual
The NPA plays a role in the implementation of the
Legal Assistance (MLA) and extradition requests
United Nations Convention Against Corruption
were finalised. The NPA received and processed 109
(UNCAC) by providing inputs to the country reports
new requests for MLA, including seven enquiries.
and participating in the United Nations’ (UN)
There were 68 incoming requests from foreign states,
assessment processes. The NPA participated in the
while 34 requests were issued and transmitted to
10th session of the UNCAC Conference (Conference
foreign states. The NPA processed 31 new requests
of State Parties) held in Atlanta in the US from 11 to
for extradition, 19 of which were issued by South
15 December 2023.
Africa and 12 by foreign states.
 28

Strategic initiatives – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

AMPLIFYING THE NPA’S VOICE IN to the highest standards of ethical conduct. The
message of the paper reflects the approach that the
THE BROADER CRIMINAL JUSTICE NPA has adopted in tackling crime and corruption in
SYSTEM South Africa – one that requires a holistic approach,
To enhance the effectiveness of the NPA within based on partnerships, for success.
the criminal justice system, the NDPP participated
Following the publication of the paper, the NDPP
in multiple discussions with the National Anti-
and Professor Stone are participating in a series of
Corruption Advisory Council to explore South
webinars hosted by the International Association of
Africa’s envisioned anti-corruption architecture.
Prosecutors to discuss the paper and its implications
The NDPP also participated in the National with key stakeholders across the globe.
Efficiency Enhancement Committee (NEEC), chaired
by the Chief Justice, to explore ways in which court Driving public-private partnerships
matters can progress through our courts in a more under the Presidential Partnership
efficient way. Initiative
In pursuing innovative ways to build partnerships with
In November 2023, the NDPP, together with
private and non-profit sectors, the NPA participates
Professor Christopher Stone, published a paper
in a Presidential Partnership Initiative established
arising from the Chandler Sessions entitled The
in June 2023 to partner with organised business
World’s Anti-Corruption Efforts Need a Reset.2
around three priority interventions – logistics/
In this paper, the authors recognise that while transport, energy and crime and corruption – to
accountability for high-level corruption is essential to enhance economic growth and job creation. The
stopping it, societies cannot simply prosecute their NPA is actively involved in the crime and corruption
way out of corruption. Instead, the authors insist that workstream. It has secured the establishment of a
a new strategy for eliminating high-level corruption digital evidence analysis capability that will radically
is needed. They argue for a focus on individual enhance its ability to combat complex forms of
departments, combining external accountability corruption, even more so now that the IDAC has
with internal reform, institution by institution. been formally established with investigative powers.
They explain that law enforcement institutions
Through a Memorandum of Understanding (MoU)
must be strongly independent to enable effective
with Business Against Crime South Africa (BACSA),
collaboration with partners of integrity. Among
the NPA continues to pursue cooperation with
other recommendations, they urge anti-corruption
private sector partners, without compromising its
institutions to engage the public – community
independence, to secure specialised skills required
groups, civil society organisations and business – to
to pursue complex matters.
actively participate in these turnarounds.
The Sexual Offences and Community Affairs (SOCA)
The paper emphasises the need for a whole-of-
Unit within the NPA has also developed strong
society approach to eliminate high-level corruption in
partnerships with the private sector and other actors
South Africa and elsewhere and promotes adherence
to support the work undertaken through the TCCs.

2 The paper can be accessed at: https://www.bsg.ox.ac.uk/research/publications/chandler-papers-worlds-anti-corruption-efforts-need-reset.

 National Prosecuting Authority South Africa
29

2023/24 Annual Report

PERFORMANCE
INFORMATION
 30

PERFORMANCE INFORMATION
National Prosecuting Authority South Africa
2023/24 Annual Report

STRATEGY, OPERATIONS AND COMPLIANCE

SOC ensures the NPA has the strategic guidance and national, regional and global fora representing law
operational capacity to deliver on its constitutional enforcement professionals, academia, the private
mandate. It supports the organisation to implement sector, civil society and the media. Numerous
its strategy, including the strategic priorities for newspaper opinion editorial (op-ed) articles
the remaining 2024/25 Medium-Term Strategic were published to inform the public about key
Framework (MTSF) period, elaborated below. developments at the NPA.
SOC will continue to provide strategic support Effective budget management
to all NPA business units in fulfilling their 2024/25
SOC undertook various advocacy interventions that
activities. This guidance will be especially important
resulted in the NPA averting extensive budget cuts
as the country transitions to the next administration
for the next Medium-Term Expenditure Framework
after the May 2024 election.
(MTEF). Cost containment measures will continue
Strategic priorities being implemented and the limitations imposed
will depend on the new allocations for the current
Central to the Service Delivery Improvement
performance cycle. It is anticipated that the NPA will
Plan is ensuring that the NPA conducts an
still not be able to fill all vacant positions and will
organisational functionality assessment to
focus on filling critical posts as recommended by the
evaluate the efficiency and effectiveness of
Capacity Review Committee, budget permitting.
operations, processes and systems.
SOC finalised the implementation of the Efficiency Promoting sound workplace relations
Survey recommendations in all identified areas and employee wellness
– the new ways that have been introduced are One of the driving forces behind the rebuilding
being sustained. Institutionalising the Capacity of the NPA is the restoration of ethical conduct
Enhancement Initiative has included incorporating in the NPA.
it into the Combating Corruption Programme to be
Through improved systems, advocacy and
funded by the Federal Government of Germany –
monitoring, there was an increase in the number
this will be implemented in the current performance
of misconduct cases dealt with over the past
cycle. SOC will commission research to assess the
year. This is mainly due to 193 cases of failure to
quality of services rendered by the NPA to victims,
submit financial disclosures. A further five cases of
complainants, state witnesses and a selection of
dishonesty were dealt with during the period.
criminal justice stakeholders.
In the same period, employees lodged 158
While the NPA’s capability review will help to
grievances. Of these, 138 were resolved internally and
refine its recruitment, retention and professional
20 were referred to the Public Service Commission.
development strategies, staff training and
Of the 29 disputes filed, 27 were dismissed and two
mentoring is planned through a grant provided by
upheld. The high rate of resolution for grievances
the German Foreign Office’s Rule of Law fund. This
contributed significantly to the high success rate
training will enhance the NPA’s specialist skills with a
in dealing with disputes, which is an indication of
view to strengthening anti-corruption investigations
sound employee relations.
and prosecutions.
The speedy management of suspensions remains
The establishment of the OEA marks a new, proactive
a challenge for the NPA, with 32 open cases
role for the NPA by focusing on early identification
remaining at the end of the financial year. The high
and resolution of service delivery issues. The
average of 204 days’ suspension is related to five
transition from the IMU to the OEA will be finalised in
cases in which the affected employees are using
line with the Regulations in the current year.
delaying tactics by repetitively raising unwarranted
SOC continued to amplify the NPA’s voice and interlocutory points, mounting spurious defences,
strategic influence on broader Justice, Crime launching baseless counterclaims and appealing
Prevention and Security (JCPS) priority matters. against every unfavourable ruling, irrespective of
SOC participated in and presented at strategic the merits.
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National Prosecuting Authority South Africa
government frameworks, including the Public
Finance Management Act, 1 of 1999 (PFMA) and
relevant National Treasury Regulations, and uses
them to foster innovation in service delivery and
facilitate collaborative problem-solving to improve
outcomes for citizens.
Although the NPA has managed to retain its
budget allocation over the next MTEF period, more
resources are needed to ensure that the rebuilding
project started five years ago is sustained. Adding
to past years’ efforts of building a fit-for-purpose
organisation, SOC has been at the forefront of
collaborating with international donors and partners.
Official Development Assistance: German
funding request
SOC is responsible for the management of Official
Development Assistance flowing into the NPA.
An application for €4m (roughly R80m) to pilot a
Combating Corruption Programme implemented
Prosecution prioritisation practice and over a three-year period has been submitted to the
policy Federal Government of Germany. This Programme
will provide important capacity building and related
While the NPA prioritises the pursuit of state capture
support to enhance the NPA’s expertise in relation
and related high-level corruption cases, the impact
to complex corruption matters. The German grant
of which has undermined the country’s economic
is designed to strengthen perceptions of the rule of
wellbeing, it is also developing a prioritisation
law and increase public confidence in South Africa’s
strategy for crimes affecting the day-to-day security
state institutions. SOC will continue engaging the
of all South Africans.
Federal Government of Germany for approval of this
As well as initiating ‘Ikhaya Lethu’ with its focus application. SOC will also lead the implementation
on the crime of housebreaking, the NPA has been of the Programme during its lifecycle (estimated to
working hard to reduce the national backlog of end in September 2027) in conjunction with relevant
DNA reports. SOC, in partnership with the SOCA NPA business units.
Unit and the SAPS’ Forensic Sciences Laboratory,
To ensure that the NPA continues to do more with
had successfully captured and analysed 49 374 DNA
less in a context of fiscal constraints, SOC aims to
reports with the assistance of contract staff by the
establish more strategic partnerships with additional
end of May 2024. This helps to provide investigators
development partners, guided by development
and prosecutors with the required evidence to
cooperation agreements signed between South
proactively identify and target serial rapists and
Africa and donor countries.
sexual offenders. Although the contracts expired
during the 2023/24 period and could not be Business Against Crime South Africa
renewed, SOC will seek to mobilise resources both SOC continued to operationalise the MoU between
internally and externally to ensure that this work the NPA and BACSA. This in-kind support focuses
continues in the current performance cycle. on specialised consultancy services, project
management support and capacity development
External partnerships for NPA personnel working on complex state
External partnerships are crucial in leveraging capture matters. This partnership was mentioned
expertise, resources and networks beyond the by the President as a positive development in
government’s capacity. The NPA establishes the government’s formal response to the Zondo
strategic partnerships in line with existing Commission findings.
 32

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

BACSA will remain the NPA’s single-entry point of will build its capacity to, for example:
engaging with the private sector and the NPA’s • Identify longer-term strategic issues, trends
strategic partner in the Presidential Partnership and policy choices facing the NPA through in-
Initiative. SOC will continue facilitating access to in- depth data analysis, research and the application
kind support in the MoU’s areas of collaboration as of lessons from a wide range of local and
identified by the NPA’s business units. In the current international sources
year BACSA assisted the NPA with donations of R2.5m.
• Promote a culture of innovative thinking and
Presidential Partnership Initiative action across the NPA, aimed at strengthening
SOC has been leading the strategic dimensions the strategic and operational effectiveness of the
of the Presidential Partnership Initiative to date, NPA and its role in the criminal justice system
including representing the NPA in the Joint • Foster productive partnerships with other
Initiative against Crime and Corruption and the government stakeholders, civil society, business
Joint Strategic Oversight Committee. and academia – both locally and internationally
The NPA’s request to the private sector for in-kind – to enable greater operational cooperation
support to establish a Specialised Digital Evidence and increase the data, evidence and new ideas
Unit will enhance the IDAC’s capacity to investigate available to the NPA’s senior decision-makers
state capture cases, particularly in the context of • Improve NPA processes and prosecutions
complex digital evidence. through strategic projects, including
piloting innovations, evaluating new
Broader strategic support to the NPA’s operational approaches and supporting the
core business institutionalisation of new practices into the
SOC led the development of annual operational operations of the NPA
plans for all NPA business units, including • Support activities in the NPA that promote its
facilitating discussions in planning sessions, and was strategic IPAC pillars.
instrumental in developing the NPA’s Organised
Crime Strategy. Strategy Management Office
The Strategy Management Office (SMO) continues to
Consolidation and innovation play an instrumental role in supporting an NPA that is
The coming period is crucial for consolidating and accountable, transparent and professional, through
firmly institutionalising the NPA’s strategic priorities niche delivery of planning, performance monitoring,
that have been painstakingly developed over the proactive research and risk management. SMO led
last few years. Many of the NPA’s strategic initiatives the development and organisational performance
are interconnected and mutually reinforcing. monitoring of the groundbreaking five-year strategic
For instance, the identification of criminal gangs plan and ensured the ongoing accountability of the
and repeat offenders through the CPI can guide NPA through several presentations to the portfolio
prioritisation practices and a more sophisticated committee.
approach to combating organised crime at a
Over the past five years, SMO has driven impact and
community level. Prosecutorial prioritisation
efficiency through institutionalised organisation-wide
approaches can, in turn, bolster strategic
performance reporting and reviews. In collaboration
prosecutions aligned with the NPA’s new Organised
with the DoJ&CD, SMO contributed to the NPA’s
Crime Strategy, allowing the National Prosecutions
inputs to the Department’s annual report, as well as
Service (NPS) to allocate scarce resources more
the NDPP’s annual report in terms of the NPA Act.
effectively.
SMO is responsible for co-ordinating and
Innovation is also critically important for the NPA,
consolidating progress reporting for the NPA’s
operating as it does in a dynamic and increasingly
contribution to the State of the Nation commitments
complex environment besieged by evolving forms
and the Minister’s Performance Agreement. SMO
of crime and criminality. In the 2024/25 period, SOC
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2023/24 Annual Report

National Prosecuting Authority South Africa
co-ordinated inputs for the 30 Year Review Chapter • NPA Performance Trend Analysis to inform the
on the structure of the JCPS. development of the current strategic priorities
SMO also plays a crucial role in managing the audit • Several surveys aimed at improving services
action plan, which assists the NPA to monitor its and impact, such as the ECMS survey, ID staff
implementation and ensure reliable reporting on placement survey, SOC efficiency survey and
performance. Implementation of Harassment Policy survey
• Several policy briefs on various topical factors
Enterprise Risk Management advocated for
such as the impact of loadshedding on court work,
the re-establishment of the NPA’s operational
crime situations and population demographics.
risk management committee and supported
the delivery of the strategic and operational SMO participated in national dialogues and
risk profile, advancing the institutionalisation of presented a paper on ‘The Application of ADR
risk management in the organisation and the Mechanisms by the NPA’ at a colloquium held at
establishment of the NPA Risk Champions forum. the North-West University. SMO developed the
The Research and Knowledge Management Knowledge Management Strategic Framework in
component embarked on a 10-year trend analysis to line with the knowledge management maturity
inform decision making and resource prioritisation. assessment conducted by the DPSA and also
Importantly, Research and Knowledge Management coordinated the development of NPA knowledge
has been at the forefront of strengthening service management portals and the Knowledge
delivery improvement in the organisation by Management Hub, which will serve as a gateway for
developing crucial mechanisms or operational NPA officials to access information and knowledge
management framework building blocks, as well as resources.
a concept note on the implementation of service SMO played a crucial role in establishing and
delivery improvement. evaluating the CPI and designing the theory
Over the past five years, Research and Knowledge of change/logic model for the housebreaking
Management undertook the following key research/ prioritisation initiative. It delivered the Socio-
evaluation projects: Economic Impact Assessment Implementation Plan
in support of the OEA Task Team. SMO continues
to play a leading role in the DNA backlog project.
 34

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

Human Resource Management and Male Female

Development

58.2%
57.6%

57.2%

56.0%
56.3%
Capacity and establishment
Over the past five years, the NPA has increased its

44.0%
43.7%
42.8%
42.3%

41.8%
establishment from 5 729 to 6 596 posts. This growth
is aligned with the NPA’s priorities, with a particular
focus on specialised units dealing with commercial
crime and corruption matters.
6 587

6 596
6 306
6 027
5 729

2019/20 2020/21 2021/22 2022/23 2023/24

Figure 2: Employment rate for women in SMS positions in the NPA,

2019/20 – 2023/24

The employment of People with Disabilities is

unfortunately still below the national target of 2%.
It increased from 0.40% in 2019 to 0.47% in 2023
but shows a small decline of 0.01% over the five-
2020 2021 2022 2023 2024
year period.
Figure 1: NPA’s total establishment, 2020 – 2024
To support the Employment Equity programme,
Between 2016 and 2019, the NPA’s compensation HRM&D initiated an internal Diversity Management
budget came under severe strain. When the Programme as part of creating an inclusive work
National Treasury allocated additional funds in environment for all employees, but specially for
October 2019, a recruitment drive helped to grow employment equity beneficiaries.
the establishment. In July 2023, budget constraints
Employee health and wellness
again impacted recruitment.
Despite the NPA’s employee health and wellness
The APP added 1 161 staff, including 84 legally capacity and capability being tested over the past
qualified serving employees. Of the 3 330 five years, particularly in responding to COVID-19
new appointments made, 1 332 were external and other diseases, the programme proved resilient.
appointments; the balance were internal transfers NPA employees were supported and provided with
and promotions. empowering information for using new ways to work,
Employment equity such as webinars and other online interventions.
The NPA is an equal opportunity employer and Skills development
remains mindful of representivity. Figure 2 indicates There has been a drive to improve skills levels over
a steady growth of women in Senior Management the past five years, as indicated in Table 1.
Services (SMS) positions.

Table 1: Skills development in the NPA, 2020 – 2024

2020 2021 2022 2023 2024

Number of employees trained 2 100 802 1 958 3 335 3 526
Number of skills development interventions 64 60 164 142 141

The study assistance scheme, which was suspended due to financial constraints, was re-introduced in 2020.
Figure 3 shows performance against this indicator.
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2023/24 Annual Report

National Prosecuting Authority South Africa
2020/21 2021/22 2022/23

223
198
102

96

91
49

44
44

33

31
25

25
20

12
10

12
9
3

Entry, higher and Entry, national Bachelors degrees Postgraduate Doctorate Total
advanced certificates and advanced and honours and masters
diplomas

Figure 3: Study Assistance Scheme, 2020/21 – 2022/23 caused by 193 cases of failure to submit financial
disclosures. Instances of misconduct range from
Following the Zondo Commission, the NPA
insolence to improper conduct, dishonesty and
identified a need to capacitate prosecutors to deal
corruption. More than 300 of the matters resulted
with complex corruption and commercial cases.
in corrective action, with only 34 dismissals over the
The Capacity Enhancement Initiative assessed
last five years. Figure 4 indicates the outcomes of
capacity for commercial and corruption cases and
disciplinary enquiries per year.
developed appropriate interventions to enhance
this capacity and establish a clear career path for Of the 605 grievances in the period (averaging 120
new entrants. cases per annum), 87% were resolved within the
NPA and only 13% escalated to the Public Service
Employee relations and discipline Commission.
There are an average of 57 matters per annum
over the past four-years. The spike in 2023/24 was

2019/20 2020/21 2021/22 2022/23 2023/24

Total

Not guilty

Resignation

Case closed

Case withdrawn

Section 17 (deemed dismissal)

Dismissal

Demotion

Suspension

Final written warning

Written warning

Verbal warning

Corrective counselling

0 100 200 300 400 500

Figure 4: Outcomes of disciplinary enquiries, 2019/20 – 2023/24

 36

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

Information and Systems Management Information systems

Modernisation and systems development Over 3 000 prosecutors have been trained to use
The modernisation process improved the NPA’s ICT the ECMS, which is part of the plan to integrate
performance, availability and information security. the criminal justice system’s case management and
This work-in-progress entailed transforming reporting capability. Several ECMS modules were
the NPA’s working environment by upgrading implemented, including the Investigating Officer
infrastructure, automating manual procedures and Diary, non-SAPS dockets and decision dockets.
electronically enabling and integrating criminal These expand on the already implemented
justice processes. Various benefits have been processes in the Magistrates’ Courts.
realised, such as more agility, reduced operational To ensure greater availability of ECMS and enhanced
expenditure and operational stability. The services security and business continuity for the Magistrates’
introduced are aligned with the NPA’s strategic Courts, ECMS was migrated to a cloud service.
business goals.
Key NPA projects were delivered through the
Network agility Integrated Justice System funding, including the
New network switches have been installed and upgrade of the Microsoft (MS) Dynamics Customer
implemented across all NPA offices to ensure Relationship Management platform for invoice
availability of connectivity, improved data tracking, contracts management and enabling
transmission and increased wireless (Wi-Fi) the AFU to manage its cases. ISM also undertook
coverage. a project to integrate the Invoice Tracking System
Information and Systems Management (ISM) has with the National Treasury Centralised Supplier
also improved internet connectivity and bandwidth, Database. This project automated the rotation
together with shifts in the concepts of ICT ownership of suppliers on the database, improving supplier
and licensing by implementing cloud-based internet management, data accuracy and online functionality
services. These forefront architectures will reduce for users to search for suppliers.
operational expenditure in the medium-term. The business intelligence solution provides NPS
Cyber security upgrade business users with an improved method of storing,
extracting and analysing data. Data is imported
The protection of information assets and intellectual
from ECMS, MS Excel, Structured Query Language
property remains pivotal for the NPA. Unauthorised
Database and MS Word.
intrusion detection, blocking unsolicited data
and information loss prevention measures and Several other systems have been launched and
encryption were upgraded. Efforts to defend hosted via the MS Teams portal. MS Planner
systems and networks against malware receive was critical for supporting the administration,
high priority and new network security is being management, tracking and reporting of priority
implemented. cases stemming from the Zondo Commission, and
continues to be used by DPP offices. The Viva Engage
Access to technology
portal provides a modern way of disseminating
Cloud-based technologies for collaboration and
information in real-time and promotes interactive
storage have been deployed in the past year.
communication throughout the organisation.
ICT infrastructure at the TCCs
The NPA’s website was revamped and given a
To assist in addressing GBV, ISM has successfully
professional facelift to improve navigation and access
installed connectivity at 75% of the TCCs.
to information. The NPA’s Intranet was upgraded
Data centres for easier navigation and enhanced access. Several
ISM has established a unique data centre to cater specialised knowledge management portals were
for the specialised operations of the ID. implemented for ID, IMU and AFU personnel to
share information, case details, workflow, etc.
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National Prosecuting Authority South Africa
Library services • A Cape Town Document Centre was established,
The library continues to provide up-to-date and and training provided on records management
relevant information to all users. Legal resources in procedures to assure compliance
print and electronic format (i.e., Jutastat, LexisNexis • Set-up of the Legal Affairs Division (LAD) registry
and Sabinet Online) are available for research and was completed.
case preparation. Print collections are comprised of
law report series, legislation, textbooks, reference Integrity Management Unit
books and journals. A set of key books is issued The IMU was established as an anti-corruption
to each prosecutor and maintained to ensure capacity in terms of the Public Service Anti-
relevance. Corruption Strategy, to manage and detect
allegations of perceived, potential or actual conflicts
Key achievements include the following:
of interest. It was required, in terms of its mandate,
to play a central role in the prevention, detection,

5 874
investigation and resolution of corruption. The term
‘corruption’ was used loosely in the Public Service
Anti-Corruption Strategy to encapsulate acts or
items have been added to the library actions collectively referred to as unethical conduct.
system during the 2023/24 financial In August 2022, the IMU received a tip off about
year, increasing the total number allegations of unethical conduct against a
prosecutor, which included the theft of a case docket
of items in the catalogue to 84 528
and defeating the ends of justice. The prosecutor
was convicted by the disciplinary tribunal on three
charges of gross dishonesty, withdrawing criminal
charges without authorisation and theft of a case
docket. The prosecutor’s contract of employment
was terminated on 22 December 2023.

1 015
The financial disclosure framework was introduced
with the sole purpose of detecting, preventing
and managing conflicts of interest by requiring
prosecutors have been trained to use designated employees to disclose their financial
databases interests. Members of SMS are required to disclose
their financial interests every year while other
designated employees are required to disclose
Document Centre services biennially via an electronic disclosure system. The
The Document Centre ensures that the NPA’s NPA achieved full compliance, apart from 2021/22
records management practices comply with when it was 99% compliant.
legislative requirements and standards. Some of
the delivery achievements in this area include: Communications
Reputation management is a critical element of
• 100% of records requested were provided
the NPA’s Communication Strategy. The enrolment
• File plan review consultations were completed, of court cases and successful prosecutions has
and the file plan was submitted for approval by been a key focus for communication interventions,
the National Archives of South Africa – disposal reflecting effective and impactful prosecutions. As
authority will be requested as soon as the file per the media strategy, Communications issues
plan is approved media statements and op-eds and conducts
• Retention periods will be extended, which make interviews to keep the nation informed about the
storage space a problem at most NPA offices work and services of the NPA.
 38

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

Media relations Internal communications

Communicating the work of the NPA focused The main objective of internal communications is
on both proactive and reactive engagements. to enable staff to understand the NPA’s business
Communications made significant strides in agenda and strategic priorities, for them to make
publishing op-eds on specific matters of public better and more informed business decisions. Two-
interest, focusing on state capture and other way communication and engagement between staff
corruption-related matters. and the senior leadership was enabled, facilitating a
sense of pride, loyalty and commitment towards the
The NPA’s social and digital media footprint showed
NPA brand.
a marked increase over the last few years. The NPA
is very active on Facebook, X (Twitter) and YouTube Various channels were used to enable the smooth
and currently has over 200 000 followers on its social flow of information throughout the organisation.
media accounts. Most notably, Decisions and Updates from ExCo
and ManCo is vital for ensuring transparent and
The NPA’s leadership was visibly active in the
open communication from the leadership to the
media space, covering various aspects of the NPA’s
entire organisation. The Viva Engage platform,
strategy and implementation in interviews on
which was introduced during the last quarter of the
radio and television current affairs shows. The DPP
financial year, provided 360 0 engagements among
Speaks series, where DPPs update the public about
all levels of staff in the organisation. Strategy-based
their performance and service delivery, continues
webinars, mainly on the topic of maintenance,
to increase community engagement and serve
and other key NPA events, such as TCC launches,
as a mechanism for accountability and feedback.
were livestreamed for both internal and external
Such engagement by Division communicators
audiences.
supplements daily media communications on the
outcomes of court cases. Security Management Services
Public relations Close protection services
Public awareness sessions in the form of in-person Over the past four years, close protection security
outreach events and interviews in traditional and was provided to 132 NPA officials who had received
digital media platforms form the bedrock of the public threats during the execution of their duties. This
relations’ work. The aim is to increase awareness on amounts to a cost of about R185m. The KZN Division
prosecution-related topics and educate the public has the highest number of close protection services
to empower them to access justice. In 2023/24, more provided for NPA employee officials.
than 300 public awareness activities took place,
some led by the NPA and others in partnership with
51

stakeholders, to popularise the work of the NPA and

the entire criminal justice system.
36

One of the NPA’s priorities, which has been amplified

26

through direct engagements and outreach events

19

at the community level, is the CPI. With the support

of the communications team, NPA specialists and
trained legal professionals engaged with local
communities to address issues such as stock theft, 2021 2022 2023 2024
GBV, domestic violence, etc. Communications Figure 5: Number of officials receiving close protection services,
provides ongoing support to the community 2021 – 2024

prosecutors to facilitate media and community

engagement and to provide appropriate branding
for the project.
 39

2023/24 Annual Report

National Prosecuting Authority South Africa
employees. An average of two evacuation drills

R72 223 815.96

R67 406 376.48

per building per year were conducted to ensure

preparedness during emergency evacuation.
Vetting and information security compliance
R38 693 612.76

services
During the period under review, the Vetting
Fieldwork Component performed a total of 1 554
investigations:
R 7 541 394.00

• 190 in 2019/20
• 189 in 2020/21
• 253 in 2021/22
2021 2022 2023 2024 • 327 in 2022/23
• 595 in 2023/24.
Figure 6: Cost of special services, 2021 – 2024
A total of 3 537 applications for vetting were
In-house security protection services processed, recording a compliance rate of 62%
Security close protection services for employees against the establishment. Security Management
under threat are outsourced to private security Services prioritises vetting for NPA senior managers,
service providers. Due to challenges experienced ID officials and the newly established OEA staff. A
during emergency protection requests, the NPA key highlight during this period is the introduction
has created in-house capacity to provide close of Layered Voice Analysis to enhance the screening
protection, which is also more cost effective. process for ID, with the assistance of the Special
Investigating Unit (SIU).
Security coordination on classified high-risk
cases and special events Financial Management
Over the past five years, security coordination was Financial overview for 2023/24
provided to the divisions in 85 high-risk cases and Between 2016 and 2019, the NPA faced severe
19 NPA-hosted special events, as classified in terms financial constraints. Additional funds were made
of the Safety at Sports and Recreational Events Act, available in 2019 through the NDPP’s budget
2 of 2010. Security coordination was provided as advocacy. This budget growth, as depicted in
follows: Figure 7, was unfortunately short lived due to the
• 2020: 21 high-risk cases and 1 special event economy’s below-expected growth.
• 2021:18 high-risk cases and 2 special events
5 285 618

• 2022: 20 high-risk cases and 10 special events

5 013 178

• 2023: 20 high-risk cases and 5 special events

• 2024: 6 high-risk cases and 1 special event.
4 611 084

5 344 294

Occupational health and safety

4 956 986
4 196 852

To ensure compliance with Occupational Health and

4 266 879

4 535 625

Safety legislation and other safety measures, the

Chief Directorate conducts Occupational Health
and Safety awareness, inspections and compliance 2020/21 2021/22 2022/23 2023/24

audits in all NPA buildings. Final budget allocation Actual expenditure

During the period under review, the Chief Directorate Figure 7: NPA budget allocation and actual expenditure, 2020/21 –
decentralised compliance monitoring to the 2023/24

regions and capacitated regional representatives

through training. Training was provided to 200 NPA
 40

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

The NPA’s budget allocation increased by an

average of 7.98% per year, from R4.266bn in the
2020/21 financial year to R5.351bn in 2023/24. The
overall adjusted 2023/24 budget allocation was
R5.371bn, which includes a ring-fenced budget
allocation of R260m for the ID.
With the primary focus of the NPA being public
prosecutions, 74.07% of the total budget allocation
was spent on the NPS. SOC is the second largest
sub-programme, accounting for 11.46% of the total
budget allocation.
It is anticipated that overall budget increase over
the MTEF period will be 6.01%. However, this growth
is limited, as the majority goes to cost of living
adjustments for employees and does not assist in
creating additional capacity.
Partnerships and in-kind donations
The project to rebuild the NPA was met with
enormous support, not only within government
but also in corporate South Africa and among civil
society organisations. Several key partnerships
were entered into, including with BACSA. Through
these partnerships, the NPA was able to undertake
capacity-building initiatives supported through in-
kind donations to the value of R52m over the past
five years. This also saw the conceptualisation of the
Presidential Partnership Initiative and a crime and
corruption work stream created within the initiative.
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2023/24 Annual Report

National Prosecuting Authority South Africa
NATIONAL PROSECUTIONS SERVICE

The NPA has hundreds of excellent and dedicated Organised crime has been identified as a significant
prosecutors who have served their country with threat to South Africa, while money laundering and
distinction, but a decade of state capture severely terror financing are key concerns for investment
hampered the credibility of the organisation. It partners and are renewed areas of focus for our
required considerable effort to build a fit-for- country.
purpose, future-proof NPA. As the core business unit
The FATF assessment of South Africa’s implementation
of the NPA, the NPS was prioritised for this purpose.
of legal, regulatory and operational measures for
To response to changing needs and priorities, combating money laundering, terrorist financing and
the structure of the NPS has been reviewed. This other related threats to the integrity of the international
resulted in appointment of a SDPP for NPS that is financial system identified weaknesses and areas
responsible for Serious and Complex Tax, as well that need to be urgently addressed. The NPS has a
as dedicated components for Organised Crime, significant part to play in helping to remove South
Operations Management and TRC matters. Key Africa from FATF’s ‘grey list’ and the Deputy National
towards building a credible organisation has Director of Public Prosecutions (DNDPP) has taken the
been engaging with stakeholders to ensure a lead in driving these processes, including attending
collaborative approach to addressing priorities and meetings and engagements with the assessors and
establishing coordinating structures, such as the FATF plenary sessions. The NPA also leads the FATF
Integrated Task Force to coordinate the response Law Enforcement Agency Workstream. Significant
to the recommendations of the Zondo Commission. progress has been made and we are confident that
the country is in a strong position to respond to money
The past five years have been challenging
laundering and terror financing.
considering the impact of the COVID-19 pandemic,
which delayed efforts to rebuild the NPA and We have established partnerships with law
increased backlogs. enforcement agencies to deal with the Zondo
Commission recommendations, coordinated by the
The NPS prides itself on the levels of professionalism
Integrated Task Force. The NPA, DPCI, Financial
and unwavering dedication to justice demonstrated
Intelligence Centre (FIC) and SIU are participants.
by its staff. With their extensive legal knowledge and
experience, prosecutors work to ensure that justice As JP Landmann recently wrote, responding to
is served and that the rights of all South Africans state capture corruption is neither a one-person
are protected. The power to institute and conduct nor a one-day job. Although South Africa tracks
criminal proceedings is conferred upon the DPPs, well against international trends in dealing with
who are responsible for a particular area or division complex corruption, we must always remember that
within the NPA. Where the ID institutes actions, we will not prosecute ourselves out of the current
these are done after consultation with the DPP corruption crisis. A whole-of-society response is
for the area concerned. Prosecutors are assigned required – not only on the soft prevention issues,
responsibility for carrying out prosecutions within but on the harder accountability dimensions as well.
the divisions and in the District, Regional and High
Courts. The prosecutors in the Magistrates’ Courts Key achievements
prosecute more than 98% of all criminal trials, The SCCU obtained 333 convictions for 372 serious
impacting the lives of most victims of crime. and complex commercial crime verdict cases.
Provision has been made for specialisation within This resulted in a high conviction rate of 89.5%. A
the NPS. These specialised components focus on total of 389 persons and companies were convicted
priorities and are reflected in the work and structure of corruption over the past year, 135 of which were
of the divisions. They include the SCCU, SOCA, OCC, government officials. The SCCU enrolled four cases
Priority Crimes Litigation Unit (PCLU) and STU, as relating to 16 recommendations in the Zondo
well as the International Cooperation, TRC, Training, Commission report. These include the ‘Asbestos’
Representations and Operations Management matter involving 13 persons and four entities, and
components. The work of the NPS is supported by the ‘SA Express’ matter involving four persons
court preparation officers (CPOs) and administrators and three entities. Several other matters are at an
at a national level and within the divisions.
 42

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

advanced stage of investigation and will be ready Key challenges

for enrolment in the coming months. Apart from The key challenge affecting performance and
the general cases, the SCCU, working with the operations for the divisions remains electricity
DPCI and other stakeholders, focussed on a list interruption caused by both loadshedding and
of priority cases identified by the NPCOC, clean cable theft. Water interruptions are also a major
audit cases identified by the dedicated task team, contributor to the early closure of courts and
OECD foreign bribery cases, referrals from the SIU offices, resulting in reduced court hours. Despite
and various cases from SIU and the DPCI related to these challenges, the number of verdict cases in the
state-owned enterprises. District Courts increased from 148 415 to 160 623
The NPS exceeded expectations in many cases (8.2%), and from 20 835 to 21 180 cases (1.1%)
performance areas. in the Regional Courts. There was also a significant
increase in verdict cases related to sexual offences,
These include exceptional conviction rates in the from 3 813 of 5 276 (14.5% increase).
High Courts (91%), Regional Courts (81.8%) and
District Courts (95.1%), as well as for the prosecution Addressing the key challenges in the courts required
of murder (80.4%), femicide (91.7%), intimate partner engagement with our partners in Provincial Efficiency
femicide (93.3%), complex tax matters (97%) and Enhancement Committee (PEECs) meetings, which
organised crime (93.4%). are chaired by the respective Judge Presidents
of each province, as well as regular management
The footprint of TCCs, which provide comprehensive meetings with the DPPs in monthly management
services and support to victims of sexual violence meetings.
to enhance prosecution outcomes, has been
expanded from 55 in 2020/21 to 64 in 2024. The budget constraints, which were followed by the
COVID-19 pandemic, resulted in a lack of regular
Partnering with SAPS, a backlog of 49 374 DNA training for prosecutors – special attention has been
reports were cleared between October 2020 and required to develop the skills of prosecutors over the
the end of May 2024 to expedite the prosecution past three years. A knowledge management portal
of sexual offences cases, in particular focussing on has been developed, with retired and experienced
serial rapists identified through this project. private sector practitioners and judges involved in
Established in September 2021, a separate TRC enhancing the skills of prosecutors.
Component deals with TRC matters.
Stakeholder engagements
Sixteen dedicated TRC prosecutors guide The Integrated Task Force was introduced early in
investigations and oversee the 159 matters that were 2022 to enhance the monitoring and collaboration
identified for investigation. Thus far, 24 matters have on cases related to the Zondo Commission’s
been finalised with a decision. Thirty-four dedicated recommendations. The meeting is chaired by the
TRC investigators from DPCI are currently working DNDPP: NPS but is attended by all stakeholders
on 137 matters under investigation. The NPA also within NPA (ID, AFU, NPS, SCCU, SOC and
commissioned a review of the measures put in place Communications) as well as the DPCI, SIU, FIC and
to avoid any political interference in the prosecution SARS. Initiatives flowing from this meeting includes
of TRC cases – the report has been published on the conception of the Advisory Panel, which consists
the NPA website. of experts within the ID, SCCU and DPCI as well
In May 2023, new capacity was brought into the as ad hoc experts who are invited in accordance
organisation by 700 young professionals through with the needs of specific case requirements.
the APP – the biggest intake of aspirant prosecutors This is supported by an integrated Top 10 Priority
since relaunching the programme. Committee that considers specialised commercial
crimes cases, as well as other priority cases in
greater detail.
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2023/24 Annual Report

National Prosecuting Authority South Africa
South Africa’s grey-listing by FATF provided the success of any organised crime strategy is highly
NPA with an opportunity to reflect on its collective dependent on collaboration with JCPS partners,
interventions and strategies to tackle money- particularly the DPCI. The NPA has been working
laundering and terror financing. The NPA has been closely with them in this process.
working closely with relevant law enforcement
agencies to do everything possible to ensure that Performance
South Africa is taken off the grey list as soon as It is important to note that a lot of court time is spent
possible, thus reducing the costs of doing business on quasi-judicial functions relating to important
in our country. For its part, the NPA has been work within the criminal court environment.
focussing on identifying and enrolling cases linked These include formal applications for bail, which
to money laundering and terror financing. The NPA sometimes take over a day to resolve in court –
has put in place a monitoring mechanism to ensure these have increased by 70% in the District Courts,
that, together with our partners, the country is on from 51 173 in 2021/22 to 86 796 in 2023/24. Other
track to meet its obligations in terms of the FATF work includes applications to impose suspended
Action Plan. The NPA, with the assistance of its sentences where accused break the conditions
partners, has instituted 84 new money laundering of suspension of their sentences, applications for
prosecutions. leave to appeal, preliminary enquiries in terms of
the Child Justice Act, 75 of 2008, accused sent for
The NPA has collaborated with the Global Initiative
mental observations, criminal cases converted into
against Transnational Organised Crime to develop a
maintenance enquiries and sentence conversions.
precise and focused Organised Crime Strategy. The

Table 2: Criminal court matters finalised in the District Courts, 2019/20 – 2023/24

Conversion
of mainte- Total
Application CJA: Bail: no of Committal nance DC
Suspended for leave prelim Formal formal bail to mental trial to Conversion matters
Fin year sentences to appeal inquiries inquests applications institution enquiry of sentence finalised

FY2019/20 2 681 273 7 946 177 53 306 488 481 167 65 480

FY2020/21 1 787 72 4 506 159 43 506 261 348 36 50 669

FY2021/22 2 014 88 5 408 71 51 173 562 411 104 59 831

FY2022/23 1 819 118 6 147 86 65 242 706 356 103 74 577

FY2023/24 1 802 101 6 262 197 86 796 683 308 50 96 177

Table 3: Criminal court matters finalised in the Regional Courts, 2019/20 – 2023/24

Conversion
of mainte- Total
Application CJA: Bail: no of Committal nance RC
Suspended for leave prelim Formal formal bail to mental trial to Conversion matters
Fin year sentences to appeal inquiries inquests applications institution enquiry of sentence finalised

FY2019/20 220 1 266 19 1 4 051 201 2 73 5 831

FY2020/21 159 586 13 5 2 899 101 2 22 3 787

FY2021/22 298 714 8 8 3 295 189 2 39 4 553

FY2022/23 306 758 53 7 4 118 243 10 53 5 548

FY2023/24 233 678 6 13 3 367 290 5 57 4 649

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Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

SERIOUS AND VIOLENT CRIMES

State v Hadebe and State v JJ Ndlovu

others (Gauteng: (Mpumalanga)
Johannesburg) On 18 April 2021, Joseph
The deceased, Babita Joeman Ndlovu and
Deokaran, was a whistle- Bonginkosi Shakoane drove
blower who reported past two people known
irregularities in the spending to and disliked by Ndlovu.
of the Gauteng Department Shortly after, the accused
Adv. Steven Rubin Adv. Zwelethu Mata
of Health. went back to look for the
victims and found them
Mpungose and co-accused fired 11 shots at
fixing their vehicle’s tyre. The accused pretended
the deceased’s vehicle. She was struck several
they wanted to help the victims but fatally shot
times and passed away in hospital as a result of
them. They also shot and killed Sinky Mokoena
multiple gunshot wounds. Although Mpungose
who lived nearby and went to investigate when
shot and killed the deceased, all six accused
she heard gunshots. The accused burned the
shared a common purpose and created the
deceased’s vehicle and drove away.
opportunity for Mpungose to ‘deal with her’.
On 21 August 2021, the accused fatally shot
The roles played by the accused varied: accused
Nkosinathi Thabang Mokoena with unlicensed
1 played a prominent role in introducing the
firearms at the Bhengazi Tavern in Marite Trust.
other accused to Mpungose; accused 3 drove
the vehicle from which Mpungose shot at the The prosecutor relied on hearsay evidence
deceased; accused 5 concealed the vehicle supported by expert witnesses from the
after the murder; accused 6 identified the Forensic Science Laboratory on the cartridge
vehicle of the deceased; and accused 2 and 4 casings found at the crime scenes.
were ‘spotters’. Ndlovu and Shakoane were convicted of four
The accused entered into a section 105A plea counts of murder, obstructing the administration
and sentence agreement with the State and were of justice, possession of a firearm and possession
all found guilty of murder on the basis of dolus of ammunition in the Mpumalanga Division
eventualis. Accused 1 and 3 were sentenced to of the High Court. Ndlovu was sentenced to
22 years’ imprisonment, accused 4, 5 and 6 to 15 three life terms and an additional 45 years’
years’ imprisonment and accused 2 to six years’ imprisonment. Shakoane was sentenced to four
imprisonment. life terms and 60 years’ imprisonment.

State v SP Zamisa and AP Zamisa (KwaZulu-Natal)

The deceased, Smangele Simamane (mother) and Sbongakonke Mthembu (daughter), lived
in the same neighbourhood as the accused, Slindile Pamela Zamisa and Andile Pollet Zamisa.
The accused invited Smangele and Sbongakonke to their house under the guise of resolving a
dispute between Sbongakonke and one of their younger family members. On arrival, Smangele
and Sbongakonke were accused of killing the Zamisas’ male relative, Bheki Ngcobo, by using
witchcraft. They were held and tortured for several hours. Smangele was assaulted and boiling
water was poured into her ears and over her body. They were killed and their bodies disposed
of in the KwaDabeka area.
The Durban High Court sentenced the accused to two life sentences and 16 years’ imprisonment
and one life sentence and 16 years imprisonment, respectively, for kidnapping and murder.
They were also convicted of defeating the administration of justice for concealing evidence by
moving the deceased and disposing of their bodies.
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2023/24 Annual Report

National Prosecuting Authority South Africa
The cash-in-transit vehicle driver pursued the bakkie
and rear-ended it, causing it to plough into a wall. The
accused fled, leaving the cash box in the abandoned
vehicle. They hitchhiked to Queenstown, where the
accused attempted to report the bakkie as stolen and
was arrested.
On 25 March 2022, a G4S security guard went to
Shoprite to collect cash. A group of police officers
noticed the cash-in-transit vehicle and monitored it.
Adv. Vaveki Adv. Ntelwa Adv. Vos
The armed accused confronted the security guard
on his way back to the vehicle, taking the cash box
State v Lwando Ntantiya and
and his firearm. One of the accused forced a trolley
Nkosekhaya Loyd (Eastern Cape) assistant at Shoprite at gunpoint to carry the cash box.
On 6 July 2021, the accused assaulted a security The security guard alerted the police officers and a
officer guarding cash in transit from Sondela Cash shootout ensued between the police and the accused.
Loans in Whittlesea, hitting him with a firearm and One of the accused used the trolley assistant as a
stealing cash and his firearm. human shield and he was shot and fatally wounded.
On 9 September 2021, the armed accused accosted The accused were also shot and injured. Both of them
a G4S security officer carrying a cash box. He was were arrested at the scene. They were in possession
robbed of his firearm and the money. of the security guards’ firearm and the firearms stolen
from security guards in the previous two robberies.
On 15 January 2022, at Big Daddy Liquor store, the
armed accused 1, 2 and an unknown male clad in The accused were convicted on four counts of robbery
balaclavas confronted a G4S security officer carrying with aggravating circumstances, one count of murder,
a cash box. He dropped the box and hid in the cash- three counts of attempted murder, unlawful possession
in-transit vehicle. The accused and his companion of firearm and ammunition. They were sentenced to life
drove off with the cash box in the back of their bakkie. imprisonment.

State v KS Chetty (KwaZulu-Natal)

Kista Sergie Chetty, his wife Elisha Naidoo and their five minor children lived in a rented
house in Phoenix. They shared the house with other family members, including his wife’s
brother. On 31 October 2023, Chetty had an argument with his wife and his brother-in-law
and they chased Chetty out the house. He harassed the occupants of the house to be let
back inside but they refused. In the early hours of the following morning (1 November 2023),
one of Chetty’s daughters opened the door and let him inside the house.
Chetty, who was employed as a grass cutter, decanted petrol out of a grass cutting
Adv. Krishen Shah
machine, poured it onto the floor, lit a fire and fled the scene. Chetty’s wife, three of their
children and a nephew died in the blaze. The cause of their deaths was either 100% burns or
smoke inhalation. The remaining family members were able to escape. Chetty was arrested
later the same day.
The Durban High Court sentenced Chetty to five terms of life imprisonment and an additional 49 years’
imprisonment for five counts of murder, six counts of attempted murder and arson.

State v Sikhakhane and Others (Gauteng: Pretoria)

The accused, Isaac Gabangaye Sikhakhane, conducted a reign of terror in Atteridgeville,
including killing taxi operator rivals for the lucrative taxi business in the area.
The Gauteng Provincial Detective Office established a task team to address violence in
the taxi industry. Several old dockets, which were linked to the main suspect but had been
removed from the court rolls in Atteridgeville or not enrolled due to lack of evidence, were
brought to the DPP for review. Through linkages made by ballistics, as well as tracing previous
eyewitnesses who had been reluctant to testify, the matter was ultimately prosecuted in the
High Court. Sikhakhane shot and killed his nephew in front of the nephew’s wife and she
Adv. Abe Koalepe
became a key eye witness.
After bringing a failed application to have the matter permanently stayed, Sikhakhane and his co-accused were
convicted on several counts, including two counts of murder, and were sentenced to two terms of life imprisonment
plus 23 years’ imprisonment and two terms of life imprisonment plus 10 years, respectively.
 46

Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

Table 4: Criminal court matters finalised in the High Courts, 2019/20 – 2023/24

Conversion
of mainte- Total
Application Bail: no of Committal nance HC
Suspended for leave PI Formal formal bail to mental trial to Conversion matters
Fin year sentences to appeal diversion inquests applications institution enquiry of sentence finalised

FY2019/20 0 231 0 0 2 3 0 3 239

FY2020/21 1 94 0 1 9 2 0 0 107

FY2021/22 2 123 0 0 7 4 3 1 140

FY2022/23 1 140 0 0 2 8 0 0 151

FY2023/24 2 112 0 0 3 2 0 0 119

Applied filters: FiscalYear is FY2023/24, FY2022/23, FY2021/22, FY2020/21, or FY2019/20

The main functions of prosecutors relate to court work but there are many important tasks that need to be
conducted outside of court to deliver justice. These include the consideration of case dockets received from
the police to determine whether anyone should be prosecuted, as well as giving directions to investigators
that must be completed before court appearances. Prosecutors had to consider nearly 448 000 such dockets.
In addition, 116 388 cases relating to less serious offences were diverted from the criminal courts in terms
of ADR mechanisms. Representations received by Magistrates’ Courts and DPP offices amounted to 52 853
cases that required reconsideration. Prosecutors also appear in domestic violence civil applications, where
formal applications are heard for protection orders as well as formal maintenance enquiries.
The performance of the courts and the progress of cases are discussed at monthly National Operations
Management Meetings (NOMM) and DPP Case Management Meetings. The specialist components also have
national meetings with the regional heads or coordinators assigned corresponding specialist responsibilities
within the divisions.
Table 5: Conviction rates and decision dockets, 2019 – 2024

2019/20 2020/21 2021/22 2022/23 2023/24

Strategic Actual Actual Actual Actual Actual
Objective performance performance performance performance performance
Conviction rate in 90.9% = 93.8% = 90.9% = 89.3% = 91.0% =
High Courts 782/860 542/578 648/713 706/791 691/759

Conviction rate in 82.5% = 82.2% = 80.6% = 82.6% = 81.8% =

Regional Courts 21 246/25 744 13 358/16 175 16 433/20 385 17 205/20 835 17 328/21 180

Conviction rate in 95.3% = 95.9% = 93.9% = 94.5% = 95.1% =

District Courts 195 439/205 121 116 230/121 213 124 152/132 222 140 178/148 415 152 746/160 623

Clearance ratio on 92.5% = 92.7% = 93.4% = 91.8% = 92.8% =

decision dockets 897 622 858 155 843 911 854 802 879 240
received dealt with dealt with dealt with dealt with dealt with
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National Prosecuting Authority South Africa
As expected, the conviction rates in the District
Courts are higher than in other courts since many Finalised cases
of the offences dealt with in these courts are crimes
District courts Number of accused
where accused have been caught ‘red-handed’ or
sentenced to direct
are known to the victim. Examples of such offences imprisonment in District
Courts:
include assault, theft (especially shoplifting) and
37 120
possession of drugs or suspected stolen property.
Percentage of accused
These cases allow the courts to determine the sentenced to direct
guilt of an offender more easily than when the imprisonment in District
Courts:
perpetrator needs to be identified, is unknown to
33.1%
the victim or arrests take place sometime after an
incident.
The more serious cases are heard in the Regional Acquitted – 7 877 (4.55%)
Courts, including murder, rape, robbery with Convicted: Trial – 127 127 (79.15%)
aggravating circumstances, house-breaking and AG Sec 57A – 25 619 (15.95%)
cases involving serious and complex prosecutions.
The conviction rate in the Regional Courts is therefore Regional courts
lower than in the District Courts as the crimes are
frequently committed by perpetrators unknown to Number of accused
the victims. These matters are also more complex sentenced to direct
imprisonment in Regional
and vigorously contested by the accused. The courts:
conviction rate remains highly commendable given 16 010
the nature of the cases prosecuted in this forum. Percentage of accused
sentenced to direct
The High Courts only hear the most serious cases imprisonment in Regional
courts
that are comprised of multiple serious offences, are 69.0%
complex or have significant public interest.
Acquitted – 3 852 (18.19%)
The complexity and seriousness of the cases in
Convicted: Trial – 17 309 (81.72%)
the various fora are displayed by the percentages
AG Sec 57A – 0 (0%)
of accused that have been sentenced to direct
imprisonment, as indicated in Figure 8. High courts Number of accused
sentenced to direct
imprisonment in
High courts:
872
Percentage of accused
sentenced to direct
imprisonment in
High courts:
95.5%

Acquitted – 68 (9.01%)
Convicted: Trial – 687 (90.99%)
AG Sec 57A – 0 (0%)

Figure 8: Verdict cases finalised during the year and % accused where
direct sentences imposed
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Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

Money laundering
Money laundering and terror financing are key
concerns of investment partners and are a renewed
area of focus for South Africa, especially considering
the FATF’s findings.
Key areas for the NPA to address include:
• Demonstrating a sustained increase in outbound
Theft – 63 340 (21.1%)
requests for MLA
Assault with intent to do griveous bodily harm – 58 937 (19.6%) • Timely follow up on MLA requests, particularly
Assault – 42 953 (14.3%)
regarding money laundering, terror financing
Possession or use of drugs – 41 636 (13.8%)
Entering, remaining or dparting from South Africa in contravention of the
and asset forfeiture
Immigration Act – 28 349 (9.4%)
• A sustained increase in proactive requests
Assault GBH – 20 183 (6.7%)
Malicious damage to property – 18 356 (6.1%) for financial intelligence from the FIC in the
Contravening the conditions of domestic violence order – 11 382 (3.9%) case of money laundering and terror financing
House breaking with the intent to steal and theft – 8 278 (2.8%)
Driving or occupying the seat of a motor vehicle while under the influence
investigations
of liquor or drugs – 507 (2.43%)
• A sustained increase in the prosecution of serious
Figure 9: New cases received by District Courts (top 10 crime types) and complex money laundering cases, particularly
money laundering networks, professional
enablers, third party laundering and foreign
predicate offenders, as well as the identification,
seizure and confiscation of proceeds of crime
and instrumentalities of offences.
South Africa was also required to review its
terror financing risk assessment (which has been
completed), update and implement the Counter
Robbery with aggravating circumstances – 3 274 (20.5%)
Rape – act of pnetration with a person without his or her consent– 3 207 (20.1%)
Terror Financing Strategy, and enhance the
Murder – 2 669 (16.7%) capacity of entities such as the NPA to address
Assault with the intent to do griveous bodily harm – 1 729 (10.8%) terror financing. Dedicated human capacity,
Attempted murder – 1 596 (10.0%)
financial resources and training would allow South
Rape – 743 (4.7%)
Theft – 723 (4.5%) Africa to demonstrate a sustained increase in the
Tampering, damaging or destroying essential infrastructure – 693 (4.3%)
identification, investigation and prosecution of
Assault GBH – 690 (4.3%)
Fraud – 645 (4.0%) terror financing related activities.
Figure 10: New cases received by Regional Courts (top 10 crime types) Corruption
In collaboration with the ID, the NPS plays a key role
in addressing corruption, with a special emphasis
on the recommendations of the Zondo Commission
regarding corruption and maladministration in
various sectors of society.
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Table 6: Corruption, complex tax and money laundering, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Number of government
officials convicted for offences
related to corruption 184 86 130 125 135
Number of persons convicted
of private sector corruption 233 147 209 203 254
Conviction rate in complex 92.3%% = 90.2%% = 90.5% = 86.9% = 89.5% =
tax cases 601/651 277/307 344/380 364/419 161/166
Number of cases finalised
with verdicts involving
money laundering
*2023/24 = number of new
prosecutions instituted 72 65 90 89 98

Serious and violent crime

Convictions were obtained in 3 025 of 3 764 (80.4%) murder cases finalised with a verdict – a conviction rate
that increased by 0.6%. Both the number of convictions and the number of cases finalised with a verdict
increased significantly compared to the previous financial year.
Table 7: Conviction rate in murder and trio crimes, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in murder 80.1% = 79.3% = 77.4% = 79.8% 80.4% =
prosecutions 3 193/3 987 2 123/2 676 2 787/3 600 2 982/3 738 3 025/3 764
82.2% = 85.2% = 81.3% = 82.7% 83% =
Conviction rate in trio crimes 1 355/1 649 809/949 1 038/1 277 1 034/1 250 1 007/1 213

The fight against violent crime, particularly murder and rape, was undermined by challenges with the
management of forensic DNA due to shortages of essential chemicals required for DNA analysis. The SAPS
Forensic Science Laboratory is addressing these challenges.
Gender-based violence and femicide
An increasing number of GBVF incidents are reported to SAPS. The NPA continued to place special emphasis
on prosecuting these matters, obtaining a conviction rate of 72.2%.
Femicide is the intentional killing of a female (or perceived female, based on gender identity) specifically
because she is female, whether committed within a domestic relationship, interpersonal relationship or by any
other person. A conviction rate of 91.7% (511 convictions from 557 verdict cases) was obtained for femicide.
Intimate partner femicide is defined as femicide committed by a current or former husband (divorced or
separated), boyfriend (dating or cohabiting), ex-boyfriend or rejected would-be lover. During the last financial
year, 375 convictions were obtained from 402 verdict cases, representing a 93.3% conviction rate.
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2023/24 Annual Report

GENDER-BASED VIOLENCE AND FEMICIDE

State v State v Cele

Hlabangwane (KwaZulu-Natal)
(Gauteng Following the
Johannesburg) breakdown of their
The accused and the marriage, Bhekukwanda
deceased were in a romantic Ian Cele left home
relationship and the but his wife, Nwabisa
deceased had previously Joy-Grace Mgandela,
Adv. Gugu Xulu
Adv. Johan Badenhorst
reported instances of remained in the house
domestic violence to friends with their children. In
and family. The deceased broke off the relationship, June 2020, Cele returned to the house with
moving out of the shared residence and in with her
unknown men who assaulted Mgandela and
father between July and September 2021.
strangled her with a rope. They placed her in
Between 6 October and 13 November 2021, the the bathtub with one end of the ligature around
deceased was killed as a result of blunt force trauma her neck and the other tied to a rafter above
with a large sharp object to the face. The accused the bathtub. She died from the injuries she
dismembered the deceased, burying her head in
sustained. Cele was arrested the following day.
Lufhereng in Protea Glen and storing her arms and
legs inside his freezer. Her remaining body parts have The Durban High Court sentenced Cele to life
not been recovered. imprisonment for murder.
The accused was convicted of murder, defeating
or obstructing the course of justice and violating a
corpse. He was sentenced to an effective term of life
imprisonment.

GBVF extraditions (KwaZulu-Natal)

The NPA in KZN successfully finalised two extraditions, both involving
GBVF. In both cases, the suspects had allegedly killed their partners
and then fled the countries where the crimes had been committed.
The first extradition application was made by the Kingdom of Eswatini
(Swaziland) to South Africa on the basis that the suspect can be
prosecuted for the alleged crime in Eswatini. The request was for the
extradition of one of their nationals who had allegedly strangled his
Adv. Naveen Sewparsat & Adv. Deneshree Naicker girlfriend in Eswatini and then fled to South Africa. Investigations by
Eswatini police officers revealed that the suspect was hiding on a farm in
Kokstad. SAPS assisted with his arrest on 20 October 2020.
The second extradition application was made by South Africa to Eswatini for a South African national from
Nongoma who was in hiding in Eswatini. The accused was in an allegedly abusive relationship with his
girlfriend, the deceased. A few days after obtaining a protection order against him in September 2020,
the accused and the deceased had an argument and he allegedly fatally stabbed her. The accused fled
the Nongoma area to Eswatini. The NPA drafted a request for the provisional arrest of the accused. An
extradition inquiry was held at a court in Eswatini and the magistrate found that the accused was extraditable.
The Minister of Justice in Eswatini confirmed the magistrate’s order. On 4 August 2023, Interpol officials
from South Africa travelled to Eswatini and brought the accused back to South Africa. He appeared in the
Nongoma Magistrates’ Court on 7 August 2023 where he abandoned his application for bail.
The accused was sentenced to two life sentences for rape and murder.
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State v Ackermann The accused was convicted on 740 counts of rape,
grooming, creating, procuring, possessing and
(Gauteng: distributing child pornography, trafficking in persons,
Johannesburg) benefitting from the services of a child victim of
The accused’s modus operandi trafficking, facilitating trafficking in persons, offences
entailed meeting boys from under Chapter 2 of the Prevention and Combating of
disadvantaged backgrounds Trafficking in Persons Act, 7 of 2013 and attempted
on social media and grooming murder relating to five of the underage boys. The
them over a period of time attempted murder convictions stemmed the accused
Adv. Valencia Dube until they sent him photos and handing the children to Kennedy for sexual acts while
videos of themselves in various knowing that Kennedy was HIV positive.
stages of undress and sexual acts in return for menial
The accused was sentenced to the following: 25 years’
payment. He sold the child pornography sent to him.
imprisonment on 253 counts of unlawful possession
As the grooming intensified, the accused lured the
of child pornography; 25 years’ imprisonment on 382
boys to Johannesburg with the promise of more
further counts of possession of child pornography;
money and rented them out to men to be sexually
four years’ imprisonment on five counts of creating
exploited and abused.
child pornography; five life sentences on charges of
The accused was initially charged together with trafficking in persons; 10 years per count of rape and
Paul Kennedy, an evidence collector for the Zondo sexual assault; five years per count of benefitting from
Commission and an Acting Judge in the Gauteng the services of a child victim of trafficking.
Division. After his arrest but before the trial, Kennedy
committed suicide.

State v Zion Christian State v

Church pastor Accused
(Mpumalanga) (KwaZulu-
The accused and the 15-year- Natal)
old victim lived in the same area A 12-year-old child
and attended the same church. lived with her family
The rapes happened between in a rented room
July and September 2020. In one on the accused’s
Regional Court Prosecutor incident, the accused came to Regional Court Prosecutor property. In
Chane Rothman the victim’s house and sent the Lisa Abrahams
February 2022, he
victim’s brother to the nearby raped the child
shop to buy tea. When he returned, he found the victim on three different occasions when her
and the accused naked in their mother’s bedroom. The mother sent her to get items from their
accused gave the victim’s brother R50 and asked him shared space. The girl did not report the
not to report the matter. rapes to anyone but her schoolteacher
In a second incident, the victim was on her way to meet noticed a change in her demeanor and
her sister when the accused called her to his house. asked her what was wrong. The girl told
Once inside the house, the accused locked the door her what the man was doing. The girl’s
and raped her. The matter was reported, and the victim parents were advised and the police
was taken to Ermelo TCC for medical examination, were called in. The girl was taken to
counselling and psychosocial support. the Phoenix TCC where she received
medical and psychosocial assistance.
The accused denied the allegations against him but
the Ermelo Regional Court convicted the accused and The Ntuzuma Regional Court sentenced
sentenced him to two life terms for rape. The magistrate the accused to three terms of life
found no compelling and substantial reason to deviate imprisonment.
from the minimum sentence.
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National Prosecuting Authority South Africa
2023/24 Annual Report

GENDER-BASED VIOLENCE AND FEMICIDE

State v Johannes State v Phara and

Ontsheketse Tshabile Two Others (Free
(North West) State)
Between December 2012 The deceased, Nini
and May 2018, about 40 Pule, and her three-
complainants were attacked year-old son stayed in
by an unknown man in the Hennenman with the
Wolmaranstad area. Evidence
Adv. Riekie Krause Adv. MM Moroka
deceased`s mother. The
was collected when the
deceased had a family
complainants were examined
by medical professionals. A DNA profile derived from
funeral policy at Old
the evidence matched DNA reference samples taken Mutual and her boyfriend, Malefetsane Mpotle,
from the accused. was the beneficiary. Mpotle approached ‘Gift’
and accused 1 to kill the deceased. On 12 May
The accused was sentenced to 11 life terms for rape
2021, the accused staged a hijacking, fatally
and a cumulative 363 years for other serious charges,
stabbing and slitting the deceased’s throat
including nine other charges of rape, attempted
murder, theft and robbery with aggravating
while Mpotle and her son were in the car.
circumstances. The accused was on the list of the The High Court sentenced the three accused to
most wanted criminals in the North West. two life sentences and 79 years’ imprisonment.

State v Mr X (Western Cape)

The accused raped a seven-year-old victim as she lay on the couch watching
television. She did not tell anyone what had happened as she saw him as her
uncle. A few weeks later, she was taken to a local clinic as she was feeling unwell.
The medical examination revealed that she had sexually transmitted diseases,
but the HIV test came back negative. She still did not reveal what had happened
to her. When she was tested a few weeks later, the HIV test came back positive.
There was no DNA as the incident was reported after the 72-hour window
Adv. Ruwayda Badrudien period and therefore no exhibits could be obtained. The accused’s initial
version to his attorney was that he was gay and therefore could not have
raped the child. He subsequently indicated that if the State could prove that the HIV strain that the
child contracted was the same as he had, he would plead guilty. A forensic virologist at Groote Schuur
Hospital did the analysis and the final results came back a match.
The Cape Town Regional Court convicted the accused of rape and attempted murder after finding that
he knowingly transmitted life-threatening HIV to the victim during unprotected sexual penetration.
The accused was sentenced to life imprisonment for the rape and 10 years’ direct imprisonment for
attempted murder. The court ordered the sentences to run concurrently. It also ordered his name be
entered into the National Register of Sex Offenders and the National Child Protection Register and
prohibited him from working with vulnerable groups and children or applying to adopt a child or be a
foster parent. It also declared him unfit to possess a firearm. He must inform future employers of the
sentence and the orders handed down by the court.
The accused is not named as he is related to the victim and the State wants to avoid indirectly identifying
the victim and secondary victimisation.
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State v Mondzinger State v Rezaan
(Northern Cape) Fondling (Eastern
Thys Mondzinger and the Cape)
deceased, Petunia Rooi, were in a The accused and the
relationship. They attended court deceased were married
on 4 May 2022, during which the and expecting a child. On
accused wanted the deceased 5 April 2019, the deceased
to withdraw a case against him. was granted a protection
Adv. Mary-Ann Englebrecht The State prosecutor refused Adv. Ismart Cerfontein
order against the accused as
to withdraw the case due to the a result of the emotional and
seriousness of the matter. The accused later encountered physical abuse she had suffered since the beginning
the deceased while she was walking with her ex-boyfriend, of the marriage. The deceased worked in the legal
and stabbed her 28 times. The deceased died as a result of fraternity.
blood loss from a stab wound to her neck.
On 18 December 2020, the accused drove the
This incident, which occurred in full view of nine witnesses, deceased towards Jeffreys Bay. He stopped the
was reported to the police. The accused showed the vehicle on the N2 near Mondplaas and stabbed
police where he had left her body the following day. He her multiple times as she tried to leave the vehicle.
was arrested and charged with two counts of murder, for The deceased was 8 months pregnant at the time.
Rooi and her unborn child. The accused moved the deceased’s body down the
Through a Victim Impact Statement prepared with the embankment next to the road. He staged a robbery
assistance of the CPO, the victim’s 18-year-old daughter by opening the boot of the vehicle, scattering bottles
testified about the impact of her mother’s passing on of oil on the road and sitting next to the body of
her and her four siblings. The Upington CPO rendered the pregnant deceased. When Nolan Van Eyk came
invaluable assistance with the preparation of all the State across the scene, the accused reported that they
witnesses, including one elderly witness. had been hijacked and the hijackers had stabbed the
deceased.
The Northern Cape Division of the High Court sitting in
Upington convicted Mondzinger and sentenced him to The accused was convicted of contravening a
life imprisonment. The accused was also charged with protection order, murder, attempted murder and
contravening a protection order that was in effect at the defeating the ends of justice in the High Court. He
time of the incident, although the contravention was in was sentenced to 23 years for murder and three years
respect of an incident a year before the deceased’s death. for defeating the ends of justice.

State v Leonard Mzingeli (Western Cape)

The accused, a friend of friends of the deceased, was the last person to see 17-year-old
Amahle Quku alive before she was raped and murdered. Following a public outcry, a photo
of the accused was posted on social media. He admitted to killing but not raping her, a claim
that was refuted by expert medical evidence.
A surviving complainant, who survived rape and being stabbed over 20 times in October
2019, identified her assailant from photographs of the accused being circulated on social
media. The accused, who was known to the complainant as living in the same area, had
Adv. Rene Uys attacked her from behind in a passage. The complainant needed counselling and intense
court preparation from the CPO to prepare her for giving evidence. She is still receiving
counselling to help her cope with the events of that night. Her physical injuries are clearly visible and has made it
impossible for her to find employment.
The accused was found guilty of murder, two charges of rape and attempted murder and was sentenced to life
imprisonment.
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National Prosecuting Authority South Africa
2023/24 Annual Report

Table 8: Conviction rates for femicide, intimate partner femicide and sexual offences, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in femicide 94.3% = 94.3% = 91.9% = 91.7% =
prosecutions N/A 231/245 396/420 475/517 511/557
Conviction rate in intimate 93.1% = 93.8% = 92.2% = 93.3% =
partner femicide prosecutions N/A 190/204 316/337 356/386 375/402
Conviction rate in sexual 75.2% = 75.8% = 74.2% = 74.9% = 72.3% =
offences 4 098/5 451 2 539/3 349 3 402/4 584 3451/4606 3 813/5 276

Organised crime
In the Global Organised Crime Index for 2023, South Africa was ranked 7 of 193 countries for the second
consecutive year – deteriorating from the previous ranking of 19. The ranking considers all aspects of
organised crime, including human trafficking, illegal trade (including arms and ammunition), environmental
crimes, drugs and criminal groups or gangs.

Criminality
7.18 0.56

score 10
6.63 7.18

0
2021 2023
7th of 193 countries 12
3th of 54 countries in Africa 2
1st of 13 countries in Southern Africa – 0

Figure 11: South Africa in the 2023 Global Organised Crime Index
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National Prosecuting Authority South Africa
Traditional organised crime – such as illicit firearms and environmental crime – has been surpassed by
illicit mining, theft of fuel from underground pipelines and damage to essential infrastructure (particularly
related to copper theft). These factors contribute to load shedding and impact households daily. Extortion
at construction sites, kidnapping for ransom, organised robbery and illicit drug trafficking are also on the
increase. Addressing cybercrime, especially where the perpetrators are outside South Africa’s borders, is
particularly challenging and requires the assistance of international counterparts.

Table 9: Convictions for some organised crime types, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual

Strategic objective performance performance performance performance performance
Conviction rate in organised 95.3% = 92.5% = 95.9% = 94.4% = 93.4% =
crime 242/254 173/187 185/193 221/234 267/286
Conviction rate in 97.1% = 96.8% = 97.1% = 96.0% = 96.7% =
environmental crimes 857/883 722/746 702/723 786/819 926/958
Conviction rate in cybercrime 98.5% = 98.9% = 97.4% = 92.9% = 96.5% =
prosecutions 320/325 88/89 149/153 39/42 55/57
Conviction rate in essential 82.6% = 88.7% = 83.7% = 79.9% = 77.5% =
infrastructure prosecutions 289/350 243/274 416/497 533/667 634/818
Conviction rate in cable theft N/A 81.5% = 91.9% = 85.7% = 84.1% =
119/146 193/210 294/343 427/508

* In previous years, the indicator included copper theft and cable theft. Essential infrastructure offences increased from 667 verdicts in 2022/23 to
803 in 2023/24.

Organised crime cases usually include multiple accused and involve multiple charges.

Sum of number convicted (cases) Sum of number of accused convicted

Convicted Convicted
accused cases
484 267
66
60

55
50

47

47
45

35

30
28

27

27
26
25

24
23

23
22
22

19
16

14
12

Apr 23 May 23 Jun 23 Jul 23 Aug 23 Sep 23 Oct 23 Nov 23 Dec 23 Jan 24 Feb 24 Mar 24

Figure 12: Number of organised crime cases and accused, April 2023 – March 2024

The increase in the number of convictions achieved for illegal mining during the financial year (from 455 to
903 cases) is a result of various SAPS’ operations.
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National Prosecuting Authority South Africa
2023/24 Annual Report

Sum of illicit mining convicted by month

108
108
99

92
87
75

72

77
59

56
39

31
Apr 23 May 23 Jun 23 Jul 23 Aug 23 Sep 23 Oct 23 Nov 23 Dec 23 Jan 24 Feb 24 Mar 24

Figure 13: Convictions for illegal mining, April 2023 – March 2024

Complex commercial crime

With the assistance of the Chief Justice and the DoJ&CD’s Capacity Enhancement Committee, the SCCU set
up dedicated serious commercial crime courts (SCCCs) in regions that did not have such courts. There are
currently 22 SCCCs throughout the country.
The additional SCCCs allowed the NPA to focus on backlog cases resulting in a 23% decrease (from 1 161 to
894). The outstanding roll also decreased by 13.7% (from 1 656 to 1 429) from the end of 2020 to the end of
the 2023/24 financial year.
Sum of backlog cases – Number of cases older than nine months by month/year
1 040

894
823

808
1 161

Mar 20 Mar 21 Mar 22 Mar 23 Mar 24

Sum of total outstanding roll trends – SCCU courts

1 657

1 570

1 534
1 473

1 429

Mar 20 Mar 21 Mar 22 Mar 23 Mar 24

Figure 14: Decrease in backlog cases, 2020 – 2024

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The focus on older cases had a negative impact on the conviction rate as there were challenges with some
of these cases. However, the additional courts did result in a 5.8% increase in the number of cases finalised,
from 344 to 364.
Table 10: Conviction rate in complex commercial crime, 2018/19 – 2023/24

Current
Past performance performance
Output indicator 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24
Conviction rate in 95% 92.3% 90.2% 90.5% 87.1% 89.5%
complex commercial
crime (760) (599) (277) (344) (364) (333)

Communications
Media coverage was enhanced by staff in the various divisions communicating with their internal and regional
communication representatives, as well as the use of digital communication platforms. Performance reports
over the past year have been shared via online platforms where collaboration and sharing performance
information was enhanced.

Representations and complaints

The NDPP delegated the powers, duties or functions as envisaged in Section 22(2)(c) of the NPA Act to the
DNDPP: NPS. Only sensitive or contentious matters are reviewed by the NDPP.
A total of 1 160 representations files were opened during the 2023/24 financial year. Of these, 834 files were
finalised, with 326 files pending as of 31 March 2024.
The component reviewed 136 matters relating to general prosecutions and two matters relating to the TRC
in terms of section 179(5)(d) of the Constitution. The decision of the DPP was overturned or not confirmed in
nine instances (6.6%). Three matters were escalated to the NDPP for review.
Table 11: Reviews by DNDPP: NPS relating to the specialist components

Number Number % of
Number escalated of decisions decisions
Component of reviews to NDPP overturned overturned
STU 9 0 1 11%
SCCU 37 4 0 0
OCC 10 0 0 0
SOCA 53 0 4 7.5%
PCLU 0 0 0 0

The DNDPP: NPS authorised 25 applications for centralisation in terms of Section 22(3) of the NPA Act read
with Section 111 of the CPA.
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2023/24 Annual Report

GANG-RELATED CRIMES

State v Roswell Livings’ criminal gangs, all of which operate in the

Mitchells Plain area. The battles are related to
Diedericks and five
drugs, drug trafficking and territorial dominance.
others (Western
Cape) A member of the ‘Americans’ and a member of the
‘Hard Livings’ were shot and killed in gang fights
The accused were members
with the ‘Firm Boys’.
of ‘The Firm Boys’, a criminal
gang with members residing The accused were convicted of multiple counts
in or frequenting Mitchell’s including, among others, gang-related charges
Adv. CJ Dejongh
Plain in the Western Cape. in terms of POCA, drug related charges and two
The accused, individually or counts of murder. They were sentenced to an
collectively, participated in several offences related effective 25 years’ imprisonment.
to ongoing battles with the ‘Americans’ and ‘Hard

State v W Petersen and others (Eastern Cape)

On 14 September 2015, gang activity of the various accused and the clandestine
accused from different gangs way they operated in the Northern areas.
acting under the leadership
The accused – Peterson, Glynn Carelson, Robin Taylor,
of Wendell Peterson (the
Morne Nel and Jermaine Mitchell – were convicted
leader of the Dustlifes gang)
of three counts of murder, contraventions of section
gunned down Theodore
9 of POCA and unlawful possession of firearms and
Mathews, Rajen Naidoo
ammunition. They brought several applications to
Adv. Moegamat Sandan and Jermaine Essau, all in
delay sentencing but were finally sentenced a year later
different locations. All three
to three life terms and 50 years’ imprisonment.
deceased were seen as
competition and had a price on their heads. Gang prosecutions is a priority focus area in the
Eastern Cape Division. This case was impactful to
The State led evidence obtained in terms of the
the community of the northern areas as Peterson
authorised interception of communications of the
was a gang kingpin and the mastermind behind the
accused. One witness, offered indemnity in terms of
murders. Peterson evaded justice for more than 10
section 204 of the CPA, gave evidence explaining the
years – every docket opened against him was closed
inner workings of the gangs and the codes of silence
because witnesses were threatened, executed or
that exist among them. The witness was discharged
turned defence witness. Both youth and adults in the
from prosecution after testifying honestly.
community looked up to him. He took care of many
Several threats were made against the prosecution households, bought the teenagers shoes and clothes,
team, their family members, the judge and a witness. and eventually groomed them into gang life. By
The witness was placed on the witness protection buying the loyalty of a poor community who believed
programme and protection was provided to the he was an untouchable, he was able to gain more
prosecution team and judge. Tactical Response territory and control in the northern areas. Every crime
Team (TRT) members escorted the prosecution team, scene in which he was involved was compromised
judge and accused to and from court. There was a because children and teenagers would, for example,
heavily armed TRT presence in court throughout the pick up the cartridges after a shooting. Bringing down
trial proceedings. Peterson sent a message to the community, and the
teenagers who regarded Peterson as their role model,
The trial lasted five years, with extensive collaboration
that the law would eventually catch up with them and
between SAPS Crime Intelligence (CI), the detectives
that involvement in gangsterism would either kill them
from the Gang Unit and the prosecution to piece
or land them in jail.
together little bits of evidence that showed the web of
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ORGANISED CRIME: SYNDICATES

State v N using explosives, causing substantial damage to

the vehicle, and attempted to steal approximately
Mathebula R25m. The suspects were heavily armed with high
(Mpumalanga) calibre firearms, ammunition and explosives.
Mathebula was part of a
The accused were found guilty on all counts and
syndicate that sold South
sentenced to 30 years’ imprisonment each.
African passports to foreign
nationals. He was stationed
at a Home Affairs office in State v Chitiyo
Adv. Themba Mavundza
Mpumalanga and would and Five Others
process illegal immigrants (Eastern Cape)
using the identities of The six accused travelled
South African citizens. These applications would from East London to
usually be administered late at night, in the very early Makhanda in two vehicles,
hours of the morning and even when the accused one towing the other. When
was on leave. He would be paid between R1 000 and stopped by the police,
R5 000 per application. One of the accused’s clients, a search of the vehicle
who wanted to be assisted with a fake passport, Adv. Buks Coetzee
revealed a dismantled
mistook his Home Affairs colleague for him and the firearm, ammunition, a
matter was reported to the Hawks. An investigation silencer hidden in the tail gate of one vehicle and a
ensued, leading to the accused’s arrest. large axe in the other. There were no rhino horns so
The Nelspruit Commercial Crimes Court convicted DNA could not be requested, and no other telltale
the accused on 12 counts of corruption and 13 counts poaching equipment was found. However, through
related to violations of the Immigration Act. He was cell phone activity, members of the group could be
sentenced to 10 years’ imprisonment. He was also linked to the scenes of nine poaching incidents in
ordered to pay back the kickbacks he received. the Eastern Cape, and ballistic evidence linked the
rifle to three of the scenes. Since their arrest, there
State v Fourie have been no more rhino-poaching incidents in the
Eastern Cape.
and Five Others
(Gauteng: Pretoria) The accused were convicted of conspiracy to commit
rhino poaching and the unlawful possession of a
Fourie, a supervisor at
hunting rifle and ammunition and sentenced to
SVB cash management,
periods of imprisonment ranging from 15 to 20 years.
and two other accused
conspired to give a
syndicate information
Adv. Molatlhwa Mashuga
on the routes a cash van
transporting a large sum
of money would be taking
while delivering cash to various clients. Two of
the accused were in the vehicle when the robbery
took place. The syndicate bombed the cash van

ORGANISED CRIME: DRUGS

State v Fadwaan Murphy and Six Others (Western Cape)

The notorious drug kingpin, Fadwaan ‘Vet’ Murphy, ran a criminal enterprise that
ravaged the Cape Flats with tik. His company was a front to conceal his drug dealing
and money laundering. He used company monies to buy himself a five-bedroom
house in Parklands and various other properties in the Western Cape. He and his ex-
spouse conducted their criminal activities with no regard for the law, aiming to enrich
themselves while dismissing the interests of the community and people’s lives.
Murphy was convicted on 197 counts and sentenced to 18 years’ imprisonment and a
Adv. Aradhana Heeramun fine of R2m. His ex-spouse was sentenced to 15 years’ imprisonment for managing an
enterprise though a pattern of racketeering.
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Truth and Reconciliation Commission The following inquests are expected to commence
Component this year:
On 7 September 2021, a separate component was • The Cradock Four – on 27 June 1985, Fort Calata,
created within NPS to deal with matters emanating Matthew Goniwe, Sicelo Mhlauli and Sparrow
from the TRC. Mkhonto were abducted, assaulted and murdered
on their way to Cradock. All four deceased were
Sixteen dedicated TRC prosecutors in the regional
activists and educators. The first inquest held
offices guide investigations and oversee 159 matters
in 1987 found that they were killed by unknown
identified for investigation. Thirty-four dedicated
persons. A second inquest was held in 1993
TRC investigators from DPCI are investigating
after new evidence emerged regarding a signal
137 matters.
that had been sent calling for their ‘permanent
Currently, 21 matters have been finalised with a removal from society’. The second inquest court
decision. found that the deceased had been killed by the
police but stopped short of naming the suspects.
Re-opened inquests
On 5 January 2024, the Minister announced that
The following inquests have been re-opened:
the inquests into the deaths of the Cradock Four
• Neil Hudson Aggett – new evidence was placed would be re-opened.
before the South Gauteng High Court and, on
• Highgate Hotel – this massacre took place in
4 March 2022, Judge Makhume overturned the
1993 in East London, where a shooting at the hotel
original finding of suicide to murder by members
claimed five lives and left several others gravely
of the security branch.
injured. No inquest into the deaths was held.
• Ernest Moab Dipale – on 15 July 2023, Judge
• North Crest Five – on 8 October 1993, five
Makhume overturned the original inquest finding
teenagers, including two 12-year-old children,
of suicide to murder.
were shot dead as they lay sleeping in their homes
• Hoosen Mia Haffejee – the initial inquest found in Umtata by members of the South African
that the 26-year-old dentist had committed Defence Force who believed that the home was
suicide in his Brighton Beach Police Station cell an arms storage facility for a political organisation.
on 3 August 1977, 20 hours after being taken into No inquest into their deaths was held.
custody by members of the security branch. On
13 September 2023, Judge ZP Nkosi overturned Prosecutions
the original inquest finding to murder. On 13 November 2023, Wesley Madonsela was
sentenced to 10 years’ direct imprisonment for
• Abdullah Haron – the inquest held in 1970 found
the February 1989 murder of 17-year-old Siphelele
that his death in police detention after allegedly
Nxumalo, a United Democratic Front activist, in
falling down a staircase was accidental. On
Chesterville, Durban. Madonsela was part of the
9 October 2023, Judge Thulare overturned the
A-Team that worked with the security branch.
original inquest finding to death attributable
to torture brought about by members of the Several other matters are being prosecuted but
security branch. have not yet been finalised:
These matters are currently being considered by • Nokuthula Simelane – an uMkhonto weSizwe
the relevant DPPs to determine the prospects operative and courier who was abducted in
of successfully prosecuting a person or persons. September 1983 by members of the security
The prosecution is complicated by the time that branch. Her body has never been recovered.
has elapsed since the events occurred and the Of the four police members who were arrested
availability of witnesses. and charged, two have passed away and the
remaining two are appearing in the North
Gauteng High Court.
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• Caiphus Nyoka – a student activist from Department of Sport, Arts and Culture leads the
Daveyton who was shot dead after an alleged project with its newly established Repatriation and
altercation with the police at his home in August Restitution Office in the South African Heritage
1987. Three police members have been charged Resources Agency, but the MPTT is a key
with his murder and are appearing at the North implementation partner. The Inter-Departmental
Gauteng High Court. Implementation Plan was approved by Cabinet
• Congress of South African Students – on in 2023.
15 February 1984, four students were lured by The project aims to recover the remains of those
members of the security branch to a pumphouse who died or disappeared in exile. This group, driven
laden with explosives. Once inside, the explosives from their homes by political repression, constitutes
were detonated. Three students were killed. Two the last cluster of casualties from past conflicts.
police members were charged and are currently A number of missing persons are among them.
appearing before the South Gauteng High Court.
The MPTT compiled database spreadsheets for
Several indictments are also set to be served during each country (Zambia, Zimbabwe, Tanzania, Angola,
the coming year. Other matters emanating from Botswana, Lesotho, eSwatini and Uganda) with the
the TRC have been identified to be re-opened for names and information of those believed to have
investigation. died or disappeared there. The MPTT is also tracing
the families and obtaining consent forms and DNA
Missing Persons Task Team swabs where required.
The MPTT continued with its mandate of
establishing the whereabouts of those who In June 2023, MPTT members travelled to Maseru,
disappeared during the period covered by the Lesotho, and surrounds to evaluate and map several
TRC, and recovering their remains where possible. grave sites, including those of nine persons killed
in the December 1985 Maseru raid and 42 persons
Gallows Exhumation Project killed in the December 1982 Maseru raid.
The MPTT continued to work on the Gallows
Exhumation Project in partnership with the TRC In November 2023, the MPTT formed part of a
Component and DoJ&CD. delegation to Zambia to conduct grave mapping.
Some 44 graves were identified in Lusaka and
The remains of hanged Pan Africanist Congress Livingstone and mapped for exhumation in 2024.
(PAC) member Cylion Mabaso, recovered by the These include the graves of Duma Nokwe and Florence
MPTT, were officially handed over to his family Mophosho, whose repatriation was announced by
in Soweto on 27 October 2023. The remains of President Ramaphosa in his February 2020 State of
hanged PAC member Isaac Mashigo were handed the Nation address. Implementation was delayed due
to his family in Wolmarans on 24 November 2023. to COVID-19 restrictions. The identified graves also
Both were hosted by the Deputy Minister of Justice include that of Adolphus Mvemve (aka John Dube),
and Constitutional Development (hereafter Deputy an exiled member of the African National Congress’
Minister). National Executive Committee, who was killed in
The last eight graves of political prisoners who were Lusaka in February 1974 by a parcel bomb sent by the
sentenced to death and executed were identified. South African Security Police.
The affected families are being prepared for the The MPTT also conducted grave mapping of
exhumation and recovery of the political prisoners’ deceased exiles in Harare and Bulawayo, Zimbabwe.
remains. A date for exhumation is awaiting Twenty-three graves were located, including graves
confirmation. of three missing uMkhonto weSizwe members who
Exile Repatriation Project disappeared (believed killed) in the African National
The MPTT also began working on the Exile Congress’ Wankie (Hwange) campaign in 1967.
Repatriation Project in earnest. The Project has
six phases, with Phases 1 and 2 underway. The
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2023/24 Annual Report

Assistance with TRC prosecutions • Department of Military Veterans

The MPTT also provided research assistance and • National Archives
documentation to the TRC Component and DPCI, • DPCI and local police stations
as well as helping to trace families. Assistance was
• Forensic Pathology Services in the Department
also provided with DNA sampling and processing.
of Health
The MPTT assisted with the exhumation and forensic
examination of remains believed to be those of • City of Ekurhuleni (secondment of two officers)
Thabo Mosala, who died in detention in 1976 and and other local municipalities
was reportedly buried in the Matatiele area of the • Freedom Park – the MPTT Head serves on its
Eastern Cape. University Names Verification Committee for the
Wall of Remembrance.
Key partnerships
The MPTT continues key partnerships with NGOs:
government, non-governmental organisations • International Committee of the Red Cross/Red
(NGOs) and university research organisations. Crescent
State structures: • Argentine Forensic Anthropology Team
• TRC Unit in the DoJ&CD • Foundation for Forensic Anthropology in
Guatemala
• Department of Correctional Services
Universities:
• Department of Sport, Arts and Culture – the
MPTT Director serves as a member of the • Most notably, the MPTT has a strategic
Ministerial Advisory Committee on Repatriation partnership with the Forensic History Project in
• South African Heritage Resources Agency, the History Department at the University of the
particularly the Repatriation and Restitution Office Western Cape.
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Notable work Jan Mohale and Samuel Ledwaba. All four
deceased had been abducted from Mamelodi
and killed by the Northern Transvaal Security
Police in 1986 and 1987. The MPTT was unable
to recover their remains but located the sites in
the former Bophuthatswana where their bodies
had been blown up or burnt by the Security
Police. The families conducted rituals at these
sites and were then hosted by the Minister at
Freedom Park.
The MPTT conducted searches at multiple
locations in KZN for the burial or disposal sites
Adv. Deidre Julius and Adv. Lifa Matyobeni,
Western Cape TRC prosecutors of missing activists believed to have been
abducted and killed by the Port Natal Security
Police in the mid to late 1980s. Similarly,
The remains of nine of the Mamelodi 10 were the MPTT reviewed records and sites in the
located by the MPTT in 2005 but the tenth Matatiele area of the Eastern Cape in search
victim could not be found at that time. Following of missing uMkhonto weSizwe member Mvula
a more recent mapping process using a drone, Ceku. Several possible graves were identified
the remains of the tenth victim were found in for further examination.
Winterveldt. The handover of this final victim to
the families was conducted by the Minister and The MPTT also conducted two sets of
the NDPP on 29 September 2023. The remains excavations at Rebecca Street cemetery at the
were reburied by the families alongside the request of the Okhahlamba Municipality in
other nine deceased. KZN in search of the remains of 22 residents
sentenced to death and executed on the
The MPTT conducted a search for the burial site Pretoria Central Prison gallows. The search for
of PAC member Bellington Mampe, who died the correct burial sites is ongoing.
in detention in a Worcester prison in 1963. Due
to the absence of any records for and markings The MPTT, together with the TRC Unit in
in the Worcester cemetery, a Symbolic Reburial the DoJ&CD, also conducted research and
(spiritual repatriation) was conducted at the investigation into the fate and burial site of
hospital prison where he died. The Symbolic an identified TRC victim who was shot dead
Reburial took place on 25 August 2023 in the by police in Knysna in 1986 during protests in
presence of Mampe’s family and PAC members. the area. Preparations for recovery are at an
The event was hosted by the Deputy Minister advanced stage.
and the TRC Unit in DoJ&CD. The DPP Western
Cape assisted in organising the event.
On 28 July 2023, a Symbolic Reburial was also
conducted with the families of Mamelodi
activists Matthews Lerutla, Jeffrey Sibiya, Oupa
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Specialised Commercial Crime Unit matters take longer to finalise. An associated

Key achievements challenge is insufficient dedicated courts to
The SCCU is responsible for the prosecution of timeously hear and adjudicate matters. Austerity
serious and complex commercial crime. The SCCU measures prevented the expansion of dedicated
has a national footprint, with access to 22 SCCCs SCCCs. With the current fiscal constraints, this will
across all the divisions. probably remain the same over the medium term.

The SCCU established an advisory panel in March Stakeholder engagements

2022 to: provide advice, make suggestions and The SCCU engages with external stakeholders on a
offer guidance on complex commercial crime or national, regional and international basis regarding
corruption cases presented by prosecutors and matters of mutual interest. These ongoing
investigators. Since its inception, guidance has engagements assist the SCCU to keep up with
been offered in 21 cases. evolving commercial crime trends.

In November 2023, the OECD held its Phase The SCCU enjoys a well-established working
3 evaluation in France, where the country was relationship with the DPCI as a key stakeholder with
represented by the SCCU and the DPCI. The joint a mandate aligned to the SCCU’s. This collaboration
presentation convinced the WGB to move South is enhanced by the co-location of members of the
Africa from Phase 3 to Phase 4 after 10 years in DPCI at the NPA Head Office.
Phase 3. Another strategic stakeholder is the FIC. With
A key focus area for the FATF is a country’s ability to financial investigations at the centre of commercial
demonstrate a sustained increase in the investigation crime, financial intelligence is integral to the work of
and prosecution of serious and complex money the SCCU.
laundering cases and, in particular, cases involving Together with other state departments, the FIC
professional money laundering networks/enablers and the NPA (SCCU, AFU, STU and now PCLU)
and third-party money laundering in line with its formed a Fusion Centre, which has proved to be a
risk profile. The SCCU has continued to finalise most valuable tool and model for collaboration. Over the
money laundering cases within the NPA. past two years, collaboration between the SCCU
MK Malapane, SCCU Regional Head in Mpumalanga, and the Fusion Centre became key in addressing
was nominated for and is participating in the fraud and corruption related to the Unemployment
intergovernmental team of the UN Ad Hoc Insurance Fund/Temporary Employee Relief
Committee to Elaborate a Comprehensive Scheme, Personal Protective Equipment and
International Convention on Countering the Use matters arising from the COVID-19 pandemic. Most
of Information and Communications Technologies of these cases were successfully finalised with guilty
for Criminal Purposes. She spearheads the initiative verdicts, compensation orders and direct terms
from the SCCU cyber desk, given the myriad of imprisonment. In addition, R1.8bn has been
responsibilities of the NPA in implementing the preserved or recovered. The mandate of the Fusion
Cybercrimes Act. Centre has been rebranded to include money
laundering and terror financing investigations.
Key challenges
The SCCU has inadequate staff capacity at the In December 2023, the FIC launched the Forensic
Head Office. With three DDPP positions vacant, the Enhancement Project, which will assist the SCCU by
remaining DDPP is responsible for the management conducting forensic analysis on selected matters at
and operations of the entire unit, coupled with no cost to the DPCI or NPA.
assisting the SDPP in strategy development. In December 2022, an MoU between the NPA, SIU
In 2022, the SCCU intake criteria was drastically and SAPS was concluded to share resources and
overhauled to exclude low to medium complexity establish a working methodology in connection
commercial matters, but complex commercial with cases referred by the SIU. The SCCU handles
most matters referred to the NPA by the SIU.
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Use of electronic systems and digitisation contributed to the improvement of the conviction
The SCCCs are all equipped with smart audio-visual rate in cybercrime cases within the SCCU.
systems that enable testimony to be presented In a demonstration of doing more with less, the
virtually. SCCU adopted a train-the-trainer model – officials
The Steinhoff investigation, located in the SCCU undergoing training are expected to train the staff
Pretoria and guided by two seasoned advocates, in their offices. This model has made it possible for
has attracted international and national media more prosecutors within the SCCU to be trained
attention. Despite the key suspect’s suicide, the co- and contributes to the continuous improvement
conspirators in the matter were arrested and have of the skills of SCCU prosecutors in dealing with
appeared in court. The prosecution team submitted complex commercial crime.
a proposal for the NPA to procure an advanced Budget
system that would be able to locate all the exhibits While the budget of the SCCU is ringfenced,
and file them in chronological order during the trial, allocation is inadequate in certain areas. In some
to assist in the matter’s prosecution. regions, where budgets are aligned to their
Capacity establishment, good performance can be seen.
The total establishment on 1 April 2023 was 275 with
a vacancy rate of 17%. The total establishment on 31
Priority Crimes Litigation Unit
March 2024 was 282 with a vacancy rate of 15%. The PCLU is a specialised unit within the NPS.
The PCLU renders the necessary coordination,
Training guidance and support to the prosecution of
In 2023, the SCCU Training Forum was established terrorism, terror financing, contraventions of the
to ensure that the SCCU’s specialist training needs Protection of Constitutional Democracy Against
were addressed. There was a focus on money Terrorist and Related Activities Act, 33 of 2004,
laundering and cybercrime in 2023/24. high treason, sedition, crimes contemplated under
The money laundering training assisted with the implementation of the Rome Statute of the
addressing the FATF immediate outcomes, International Criminal Court Act, 27 of 2002, and
specifically Immediate Outcome (IO) 7. IO7 states other serious national and international crimes
that South Africa should demonstrate a sustained related to mercenaries, the proliferation of weapons
increase in the investigation and prosecution of of mass destruction, arms control and nuclear
serious and complex money laundering cases, material. The PCLU also facilitates requests for an
particularly those involving professional money authorisation by the NDPP for the institution of a
laundering networks/enablers and third-party prosecution, as may be required by legislation
money laundering in line with its risk profile. falling within its mandate.
The training was aimed at assisting prosecutors
to adequately identify and prosecute money
laundering cases instead of concentrating on
predicate offences. The training has yielded an
increase in the number of money laundering cases
enrolled. To ensure that South Africa is removed
from FATF’s grey list, training on money laundering
continues to be a priority for the SCCU in the
2024/25 financial year.
Joint training initiatives on cybercrime are aimed at
ensuring that prosecutors and members of the SAPS
are equipped with the necessary knowledge on how
to identify and prosecute offences in terms of the new
Cybercrime Act. These joint training initiatives have
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Key achievements and challenges PCLU has initiated a ‘panel intervention’ to monitor
One of the areas assessed by the FATF is whether and provide guidance on current terror financing
South Africa is adhering to global standards and matters in the respective provinces.
can demonstrate that it can effectively identify, Stakeholder engagements
investigate and prosecute terror financing activities. The PCLU works very closely with departments and
The FATF identified the need for South Africa to agencies such as the FIC, State Security Agency
review and update its Terror Financing National Risk (SSA), SAPS CI, Defence Intelligence, INTERPOL,
Assessment (TFNRA), develop a comprehensive DPCI: Crimes Against the State (CATS), DPCI:
national strategy for Combatting the Financing Priority Crime Management Centre, DPCI: Priority
of Terrorism (CFT) based on the TFNRA and to Crime Specialised Investigation (PCSI), Department
implement the CFT strategy. of Home Affairs and Department of Social
Development.
The PCLU was instrumental in updating the TFNRA as
part of the anti-money laundering/CFT National Risk The following stakeholder engagements, inter alia,
Assessment Inter-Departmental Working Group. are attended by PCLU officials from Head Office:
This involved a range of stakeholders as part of the • Monthly Counter Terrorism Functional Committee
Working Group and a multitude of key authorities (CTFC) meetings to ensure coordination and deal
across operational, policy and supervisory with challenges relating to terrorism and terror
functions, including government departments, law financing
enforcement authorities, intelligence agencies,
• Monthly CTFC sub-committee (international and
financial and non-financial supervisors and
domestic terrorism) meetings with intelligence
regulators. The PCLU also contributed to the work
communities (SAPS CI, FIC and SSA) and DPCI:
of the Steering Committee for the Review of the
CATS
National Counter-Terrorism Strategy (NCTS), which
involved updating the NCTS to reflect the findings • Bi-weekly CTFC Training Task Team meetings
of the updated TFNRA. The National CFT Strategy • National Intelligence Co-ordinating Committee
is incorporated into the overall NCTS. (NICOC) Steercom meeting
A further action identified by the FATF was for South • Meetings of the Department of International
Africa to enhance the capacity of relevant authorities, Relations and Cooperation (DIRCO) Counter
including the SAPS and NPA, to effectively address Terrorism Inter-Departmental Working Group,
the financing of terrorism. This included training, which is responsible for all international issues in
personnel and financial resources. South Africa
• Meetings of the NPA Money Laundering Desk,
In April 2019, the NDPP decentralised prosecutions
which is responsible for internal coordination of
from the few prosecutors at the National Office
work relating to money laundering and terror
to the nine DPP offices, effectively increasing the
financing
number of prosecutors who can deal with terrorism
and terror financing. The prosecutors at a regional • Meetings of the panel of agencies overseeing
level are attached to the OCCs. There are currently the terror financing cases in the regions
31 staff in the NPA who deal with PCLU matters. • National Conventional Arms Control (NCAC)
Committee meetings, which are attended by
Extensive joint training was conducted, including
the NCAC Inspectorate (defence unit), PCLU and
on the latest amendments made to the Protection
DPCI: CATS and deal with NCAC cases
of Constitutional Democracy Against Terrorist and
Related Activities Act. A specific training workshop • Meetings of the NCAC Working Group, which
was held in July 2023 for prosecutors identified to deals with active and reactive strategies to counter
become specialist terrorism and terror financing radiological and terrorism offences, biological and
prosecutors. chemical weapons and radioactive material
• Department of Home Affairs Travel and
Guidelines on terror financing investigations were
Movement Control meetings, which address
provided to relevant prosecutors in the regions
issues of movement within the country
and shared with their counterparts in the DPCI. The
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Training
Training has been provided to prosecutors by
international counterparts and domestically on
issues relating to terrorism and terror financing,
which has cemented their understanding of these
matters. These trainings include other departments
to ensure that all agencies and departments
working in the PCLU environment have the same
understanding of the concepts and objectives as
the PCLU.

Sexual Offences and Community Affairs

Unit
Key achievements
Significant progress has been made to establish
TCCs in much-needed areas. Ten TCCs have been
added over the past ten years, increasing service
offerings to the most vulnerable victims of crimes.
In the past year, the Stellenbosch TCC (Western
Cape) and the Jozini TCC (KZN) were added.
The new model is to build brick and mortar structures
with optimal interior designs through the support
of business. The existing Heideveld TCC (Western
Cape) and Cradock TCC (Eastern Cape) were
• Operational meetings of law enforcement reaccommodated. The Mitchells Plain TCC (Western
agencies, led by the PCLU, dealing with issues Cape) has been built but is not yet operational.
of foreign terrorist fighters and citizens offering
military assistance in foreign countries. Since the COVID-19 pandemic, virtual platforms
have increased accessibility and reach. Introducing
Communications webinars for maintenance matters proved highly
The PCLU has regular meetings with its staff and successful, attracting large numbers of people and
the regions to ensure better communication, demonstrating the NPA’s prioritisation of these
explain PCLU objectives and inform all members matters. A national webinar opened by the NDPP
about important issues relating to the PCLU. A was followed by provincial webinars in the Eastern
WhatsApp group and email groups have been Cape, Mpumalanga, Limpopo and KZN. Webinars
established to ensure more effective and immediate are scheduled throughout 2024.
communications.
SOCA held 197 training sessions and completed
Capacity 518 public awareness campaigns focussing on
In early 2022, there was an exit of almost all the PCLU prevention, education on GBV legislation and
personnel at Head Office due to retirements and access to resources for victims.
resignations. However, the unit was resuscitated
The DNA backlog project has yielded 49 374 DNA
the same year and posts filled. While the regions
reports to the end of May 2024, making a significant
do not have dedicated prosecutors to deal with
impact in reducing the backlog. The project has
PCLU cases, training prosecutors who are dealing
enabled the NPA to say that no sexual offences
with organised crime has ensured that there are
cases should be struck off the roll or withdrawn
adequate prosecutors in the regions able to deal
because of outstanding DNA reports. The project
with PCLU-related cases.
has been expanded to include murder matters.
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The serial rapist prioritisation initiative was launched SOCA has made huge strides through its public-
in September 2023. The initiative is a collaboration private sector partnerships, raising more than R80m
between SOCA, the DPP offices and the Serial in pledges:
and Electronic Crime Investigations unit of the • Vodacom funded the construction and furnishing
SAPS’ Family Violence, Child Protection and Sexual of the Cradock TCC and has made further
Offences unit. The top 10 serial rapists per province pledges to reaccommodate the Themba TCC in
have already been identified. The initiative will Mpumalanga and two other TCCs
ensure that the matters are enrolled, convictions
• Vodacom has also agreed to include the TCCs as
secured and trials prioritised.
a listed resource in their Bright Sky app, a covert
The Femicide Directive, which will ensure that resource for victims of GBV, which will allow
femicide matters are prioritised, expertly dealt with millions of Vodacom subscribers to access TCC
and the families of deceased are kept abreast of services
all developments, was drafted and circulated for • Vodacom and the SPAR Group financed the
comments. launch of the Cradock TCC
The Domestic Violence Protocol introduced in the • The SPAR Group continues to finance all TCC
TCCs in 2021 empowers TCC staff to identify a launches at R60 000 per launch and to supply
victim who needs a protection order and assist the groceries worth R300 000 per month to the
victim to apply for an order. This has led to a 26% various TCCs
increase in domestic violence matters reported at • The SPAR Group has pledged to support the
the TCCs. construction of the Jozini TCC
The NDPP signed an MoU with the Human • First Rand Merchant Bank pledged R38m to build
Trafficking Institute in September 2023. This MoU five TCCs
allows SOCA to access the Institute’s resources to • The GBV Response Fund has also pledged R10m
address the shortcomings identified in the latest to reaccommodate existing TCC sites.
South Africa Trafficking in Persons (TIP) report,
which warns that SA may be downgraded. The Implementing the MoU signed with the Minerals
Western Cape was selected as the pilot project. All Council and the GBVF Response Fund in December
TCC staff in the Western Cape have been trained 2022 has resulted in many benefits for the NPA:
by a joint Human Trafficking Institute-SOCA team • A pledge to reaccommodate the Kopanong TCC
on how to identify and manage a TIP victim. Two in Gauteng and the Musina TCC and two other
further rounds of training have been scheduled TCCs in the North West, as well as build a new
for May and July 2024. The two latter sessions are TCC in Moses Kotane in the North West and the
aimed at training prosecutors and police officers. Brits TCC

CPI sites have increased from 22 to 48, 23 of which • The procurement of public awareness material
focus on GBV. in the form of tablecloths, gazebos and 30 000
brochures for all TCCs
In response to a request from the GBV Pillar 3
• The procurement and installation of 2 101 signs
team of the National Strategic Plan on GBV, SOCA
for all the TCCs
compiled a comprehensive list of GBV offences,
including offences where the nature of the offence • Furniture for the Kopanong TCC.
indicates that the offender intends to commit a SOCA has collaborated with the Mediclinic Group to
GBV-related offence. This will assist all government train their first responders to identify victims of GBV
departments within the criminal justice system and has created referral pathways from Mediclinic
to identify all GBV-related offences or offender facilities to local TCCs. All Mediclinic facilities in the
conduct to guide the process of determining the Western Cape have been linked to a TCC. A new
exact scope and scourge of GBV-related offences province needs to be identified for further roll out.
committed in the country.
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Key challenges stakeholders, especially the Department of Health,
Limited capacity continues to hamper SOCA’s further impedes expansion. These measures
impact. A key challenge in the past year was the have required SOCA to re-strategise and focus
austerity measures that prohibited recruitment on reaccommodating existing sites rather than
– this impeded the expansion of the TCC new sites. Austerity measures also curb SOCA’s
footprint despite SOCA securing funding for engagement in conferences and public awareness.
construction. A lack of GBV-specific budgets for key

Performance
Table 12 sets out the performance of the TCCs.
Table 12: TCC statistics, April to March 2022/23 and April to March 2023/24

Total number of TCC sites at end March 2024 = 64

Matters reported at the sites (with victims receiving TCC services at sites):
2022/23FY 2023/24FY
Increase of 4345 matters (11.8%)
36 813 41 158
Of these reported matters, 33 507 (81.4%) relate to sexual offences and 5 654 (13.7%) relate to domestic
violence.

Conviction rate of TCC reported and prosecuted cases:

2022/23FY 2023/24FY
Increase of 0.8% on the
77.1% 77.9% conviction rate and 271 more
(1 482 cases finalised with (1 753 cases finalised with verdict cases finalised
1 142 convictions) 1 366 convictions)

Sentencing of TCC finalised cases:

2022/23FY 2023/24FY
Life imprisonment Life imprisonment Decrease of 36 (14%)
(number imposed by courts) (number imposed by courts)
257 221
20–25 years’ imprisonment 20–25 years’ imprisonment Increase of 14 (8.3%)
(number imposed by courts) (number imposed by courts)
150 164
10–19 years’ imprisonment 10–19 years’ imprisonment Increase of 132 (37.5%)
(number imposed by courts) (number imposed by courts)
351 483
Number of accused sentenced Number of accused sentenced Increase of 249 (20.8%)
1 195 1 444
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Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

COMMERCIAL CRIME

State v Mkhefa and State v De Koker

Five Others (SCCU (SCCU)
Bethlehem) An ABSA Bank official
Vincent Mkhefa (accused based at a branch in
1) was the Chief Financial Johannesburg introduced
Officer and acting as the accused and another
Municipal Manager person to the bank
of Nketoane Local manager of the Sandton
Adv. Antoinette Ferreira Municipality. He appointed Adv. Rhyme Nchabeleng branch of ABSA Bank.
Ntsoaki Mirriam Molapo The accused presented
(accused 2) and Kabelo Laundry (accused 3) a Companies and Intellectual Properties
without following proper procurement procedures. Commission document disclosing a company
Accused 1 was also involved in ensuring that enterprise name as JSE Trustees (Pty) Ltd,
payment was made to Mandla Mrwebi (accused together with two identity documents. JSE
5), Matseliso Leutsoa Mrwebi (co-director) and Trustees was a major client of ABSA Bank. The
Mamatse Trading Close Corporation (accused accused requested that the bank manager
6) before the services were rendered. Mandla access the accounts and transfer R729 991 167 to
Bonifas Mamba (accused 4) was the Executive her selected bank accounts. The bank manager
Mayor of the Municipality when accused 2 and 3 became suspicious when he realised that the
paid the gratification to accused 4. photo in the identity document did not match
Accused 6 was appointed by accused 1 on 17 May the person in front of him.
2011 to supply 4 000 single-phase pre-payment The accused pleaded guilty to five counts of
electrical meters and 1 000 ready boards for R2.124 fraud and was sentenced to an effective 25 years’
million. At the time that accused 1 supposedly took imprisonment in the SCCC.
delivery, the items had not even been manufactured.
Accused 1 created the false impression that goods State v Dube (SCCU Durban)
were delivered and received. A sum of R1.4m paid into ex-attorney Langelihle
Accused 1 was sentenced to an effective 8 years’ Dube’s trust account by the Road Accident Fund
imprisonment and is serving another 10 years’ was meant for a young boy who had been seriously
imprisonment. The other accused received injured in a motor vehicle accident. A second
various sentences of imprisonment. amount of R900 000 paid into Dube’s account was
for an insurance payout on a deceased estate.
State v Moyo (SCCU Klerksdorp) Dube never forwarded the money to its intended
On 23 February 2023, the accused, claiming to beneficiaries. Dube was arrested following an
be Phakamade Mane Magwaza employed by investigation by the Attorneys Fidelity Fund and
the eThekwini Municipality, applied for finance members of the SAPS.
at MFC (Nedbank) at Auto World, Klerksdorp. The Durban SCCC sentenced Dube to 10 years’
He pretended to earn a gross salary of R58 707 direct imprisonment for the theft of approximately
per month and claimed that he would be in a R2.3 million.
position to pay instalments of R11 273 per month
on the purchase of a vehicle. The salary advice,
bank statements and ID document provided
were falsified. The applicant was actually Justice
Moyo, a Zimbabwean citizen, who did not have
legal documentation to be in the country.
He pleaded guilty, was convicted on all counts
and sentenced to 15 years’ imprisonment.
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MONEY LAUNDERING

State v Khutso Kholofelo Trading into her bank account. These letters of enquiry
formed the basis of the forgery counts. As no income
CC, Matlape Kholofelo Mphahlele
tax was due by the accused, SARS would then refund
(Limpopo) these amounts into her own bank account. SARS
Mphahlele, a former ABSA bank employee in Bela paid R527 875 to the accused but withheld a further
Bela, allowed fraudsters to use his business accounts payment of R98 432 after it was discovered that these
to receive proceeds of illegality amounting to R1.9m. transactions were fraudulent.
A further accused, Edgen Gundane, transferred
R2.5m from the Lesotho Ministry account to different The matter was finalised by way of a section 105A
bank accounts, including Mphahlele’s. plea and sentence agreement and, due to several
mitigating factors, the accused was sentenced to
Mphahlele pleaded guilty on 18 counts of acquisition a suspended sentence of 36 months’ correctional
and possession and use of proceeds of illegality supervision in terms of section 276(1)(h) of the CPA.
in contravention of section 6 of POCA and was
sentenced to six years direct imprisonment for State v Matinkinca
money laundering.
(Eastern Cape)
The accused was employed
State v Erika du
by Coega Development
Plessis (Western Corporation and forged
Cape) documents claiming
The accused was employed fictitious salaries in the
by HJEK Transport CC as a total amount of R6 642 420
bookkeeper/accountant. Adv. De Villiers for interns over a period of
She had to prepare Value eight years (March 2013 to
Added Tax (VAT) 201 returns February 2021). The salaries were paid into accounts
Adv. Wimpie Els and upload the electronic belonging to him and his wife.
payments to SARS in order
He was sentenced to 10 years’ imprisonment for
for the payment to be signed off and authorised
fraud and five years’ imprisonment for contravening
by Koegelenberg. Some of these payments were
section 4 of POCA.
fraudulently paid into the SARS income tax account
of the accused. The accused forged letters with
Koegelenberg’s signature enquiring about the
amounts paid into her income tax account and
requesting that SARS refund these amounts back

TRIO CRIMES

State v Ncube and others (Gauteng: Johannesburg)

Armed with AK-47 automatic of the police vehicle, but one police officer was fatally
rifles, semi-automatic pistols wounded and another was shot through both legs.
and explosives, the accused
SAPS gave chase when the accused and their co-
and their co-perpetrators held
perpetrators fled the scene in two vehicles. Shots were
the employees and patrons of
exchanged and one vehicle crashed, fatally wounding
a petrol station at gun point
one of the robbers. Three others escaped but were
and threatened them to gain
subsequently arrested.
Adv. Namika Kowlas access to the cashier’s office.
They stole money from the The accused were charged with two counts of
tills and used the explosives to murder, six counts of attempted murder, possession
blow open the drop safe. of explosives, possession of unlicenced firearms
and ammunition, housebreaking and robbery with
When the SAPS arrived at the scene, the accused
aggravating circumstances. They were convicted and
and their co-perpetrators opened fire on them. The
sentenced to two life terms and an additional 15 years’
SAPS retreated to prevent injury to those in the back
imprisonment.
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Performance information – continued

National Prosecuting Authority South Africa
2023/24 Annual Report

Capacity the challenges experienced. Real time information

At the end of March 2019, SOCA had a total on arrests is shared between prosecutors and the
establishment of 217 (163 filled and 54 vacant posts), law enforcement agencies, significantly enhancing
with a vacancy rate of 24.88%. Between 2019 and collaboration.
2024, SOCA grew by 52 posts, bringing the total to An audit of national environmental cases was
269 posts at the end of March 2024. At the end of conducted to establish the number of cases being
2023/24 financial year, there were 195 filled and 74 dealt with by the NPA. Eighteen prosecutors received
vacant posts, with a vacancy rate of 27.5%. training in the prosecution of biodiversity cases with
For the most part, SOCA’s establishment grew the assistance of the UNODC. A consolidated list of
through additional advocate posts, which grew investigating requirements for rhino poaching and
by 12 posts between 2019 and 2024. The TCCs’ abalone cases has been developed to ensure that
capacity was also increased by 45 posts. comprehensive investigations are requested.
The OCC has dealt with an unprecedented number
Organised Crime Component
of racketeering applications in this reporting
Key achievements period, which reflects the drive to address serious
Recognising that organised crime is an existential and complex organised crime.
threat to South Africa’s democracy and economy,
the NPA embarked on an extensive internal and Key challenges
external consultation process to develop the • Lack of an approved structure for the OCC
first ever NPA Organised Crime Strategy. The resulted in inconsistencies in the reporting of
implementation of this Strategy is intended to statistics, and a blurring of the lines between the
introduce a new approach to addressing serious work of the OCC and general prosecutions
and complex organised crime in the NPA. The • The SAPS’ Organised Crime Unit lacks financial
Strategy establishes a structure, mandate and investigations capacity, which makes it difficult
intake criteria to ensure that the limited skilled for the AFU to recover the proceeds of crime
resources are channelled into dealing with cases • The investigation of cases with an element of
that will strategically reduce the reach, expansion transnational organised crime were not being
and impact of organised crime in South Africa. prioritised, which reflected in an absence of
The OCC has been involved in the development of prosecutions
the Strategy and will monitor its implementation • Tactics designed to delay cases remain an
through NPA nodal points in the divisions, law ongoing challenge
enforcement partners and other external and • The safety of investigators and prosecutors who
government stakeholders. Existing structures deal with organised crime remains a concern.
will be realigned within the next financial year to
facilitate the collaboration needed for the Strategy’s Performance
implementation. Environmental crimes:
Nine racketeering prosecutions, relating to
Recognising that wildlife trafficking is a serious,
abalone, rhino and plant poaching, are currently
sophisticated form of transnational organised crime
enrolled. Three of these were authorised during
that poses a threat to South Africa’s national security,
the 2023/24 period. Notably, two racketeering
the Cabinet adopted the National Integrated
cases have been authorised relating to cycads and
Strategy to Combat Wildlife Trafficking in May 2023.
clivias for the first time.
The DPP Environmental Working Group was
The NPA has consistently excelled in successfully
established in September 2022 and meets biannually.
finalising rhino-related prosecutions with a
The objectives of the Working Group include, inter
conviction rate above 95% since 2020. Terms of
alia, sharing best practice in the investigation and
imprisonment of 15 years have been imposed for
prosecution of environmental crime and addressing
environmental crimes in many cases.
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Narcotics: Stakeholder engagements
In collaboration with the SAPS’ Organised Crime The OCC participates in several stakeholder
Unit and the DPCI, the OCC is addressing narcotics engagements across its various work streams to
crime through project-driven investigations. effectively deal with serious and complex organised
Despite successful prosecutions, there is still a crime and to ensure an effective value chain.
need to pursue the investigation of syndicates
To amplify the NPA’s influence and voice within the
involved in drug-related offences and their kingpins
JCPS, the OCC continues to:
in terms of POCA. More focus must be placed on
• Engage SAPS CI, SSA, DPCI, SAPS: General, SARS,
transnational drug trafficking, as well as on financial
FIC, Department of Home Affairs and INTERPOL
investigations to uncover money laundering and/or
terror financing, in terms of the FATF obligations. • Participate in coordinated structures to address
illicit narcotics
During the 2018/19 reporting period, most drug
• Partner with stakeholders such as DPCI to release
related cases were prosecuted in the Western Cape.
media communications on successes, especially
Over the past five years, it has become evident that
in high-profile or impactful cases
the Constitutional Court judgement decriminalising
the possession of cannabis by an adult for personal • Hold joint training sessions with DPCI
consumption has impacted the number of drug • Ensure that all fora have a standing item to
cases enrolled by the courts, with a sharp decline in address money laundering.
the number of cases finalised with a verdict. Some
Capacity
regions reported that cannabis-related cases are no
The OCC has motivated HRM&D’s Organisational
longer brought to court/enrolled.
Development Unit to create several specialised
Delays in the outcome of Forensic Science skills posts nationally. The OCC has also identified
Laboratory reports were also a significant critical posts that must be filled both at national and
contributing factor to the decline in finalised cases regional levels.
and contributed to many outstanding cases on the
court roll. Minor drug offences have been finalised
Training
through ADR mechanisms such as diversions. The OCC National Training Forum was established
to ensure that the OCC has the right skills to do its
Illegal mining: work. The Forum meets monthly, coordinates all
There has been an increase in the number of arrests, training initiatives in the country and receives all
operation disruptions and exhibit seizures in illegal training inputs, suggestions and requests from the
mining cases. regions.
From 2019 to 2022, there was an increase in the number The OCC head office has conducted various training
of successful prosecutions and penalties imposed in programmes to upskill organised crime prosecutors
illicit mining cases due to a growing awareness of on topics such as TIP, money laundering and
the seriousness of this crime. Deportation orders essential infrastructure crime.
are also being made in relation to contraventions of
The OCC forms part of the NPA’s National TIP
section 49 of the Immigration Act, 13 of 2002.
Task Team. This Task Team developed TIP Training
Between January and March 2024, 402 cases materials for prosecutors, which are reviewed at
were finalised with a guilty verdict. These cases the beginning of each year. The training includes
relate to charges ranging from possession of gold social context, the Prevention and Combatting of
bearing materials, mining contraventions in terms Trafficking in Persons Act, 7 of 2013, other relevant
of section 5(A) of the Minerals and Petroleum legislation, racketeering, money laundering, victim
Developments Act, 28 of 2002, theft and attempted identification and the investigation and prosecution
theft of minerals, trespassing on mining premises, of TIP. Fifty-nine prosecutors were trained this
possession of explosives and contravention of financial year during three training sessions.
section 49 of the Immigration Act. Twenty-nine
cases resulted in direct imprisonment.
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National Prosecuting Authority South Africa
2023/24 Annual Report

RACKETEERING

State v Fernandes and Others

(Western Cape)
Fernandes and Warner were involved in a R115m VAT
fraud scheme. Fernandes was the member of three
entities, ICE International Commodities and Exports CC
(ICE Holdings), B and F Trading CC (ICE International)
and Icomarket CC (DAFF and Associates). Warner was
the bookkeeper. The accused used the three entities
to pretend to SARS that they acquired goods, which
were exported to Namibia, Angola and other African
states. No VAT is paid on goods that are exported. The
Adv. Cobus Ehlers & Adv. Geo Wassermann
vendors are entitled to claim VAT back from SARS for
State v Mazibuko and Others all their legitimate VAT-bearing expenses. The accused
(Gauteng: Johannesburg) claimed VAT back on goods that were never bought or
Vusimuzi Mazibuko, Xolani Mkhwanazi, Shaun Khumalo, exported, initially providing SARS with forged invoices.
Vusi Sibanyoni, Sticks Bhova and Calvin Congo Warner assisted with the submission of the returns and
Mabunda were part of a syndicate that operated in the forged documents. Kamies was employed by SARS
the North West, Gauteng and Limpopo as far back as as an auditor and assisted the accused.
2011. They had ‘spotters’ observing bank clients who SARS paid out R112 million in refunds. Most of these
were withdrawing large sums of money. Once outside refunds were channelled through the bank account
the bank, other members would follow these clients of Baqarah Investments CC, which Warner controlled.
to isolated areas or their homes and rob them of the The refunds of the last three tax periods in the charges
money, cell phones, jewellery, etc. They kidnapped a were blocked and not paid over. The accused used
bank employee believing the person had the safe keys. the money to fund several failed business ventures, an
In Gauteng, they shot and killed a man while robbing internet gaming and social interaction website, low-
him. They detained staff members from a shop in cost housing projects in Namibia and Cameroon, the
Giyani who had just withdrawn a large amount of cash. importation and installation of revolving doors and a
When the robbers fled the scene, they were pursued pre-paid fuel card.
by the police and a shoot-out ensued. The suspects
were linked by means of fingerprints, facial recognition, The accused were indicted in the Western Cape
expert evidence by bank officials and various positive High Court on 487 counts, including racketeering,
identifications from several identity parades. money laundering, fraud and corruption. Fernandes
and Warner pleaded guilty to 471 and 401 counts
The accused received a combined 843 years on 68 respectively. Fernandes was sentenced to 4 823 years’
counts, including racketeering by managing and imprisonment, of which he will serve an effective
participating in an enterprise, kidnapping, robbery, 17 years. Warner was sentenced to 3 916 years’ of
murder, fraud, corruption, conspiracy and possession imprisonment, of which he will serve an effective 16
of illegal firearms and ammunition. Mazibuko and years.
Mkhwanazi were sentenced to life terms, Mabunda to
25 years, Sibanyoni and Bhova to 20 years each and
Khumalo to 15 years,
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National Prosecuting Authority South Africa
State v Nthunzi and years, and a further 15 years for possession of a firearm
and 2 years for possession of ammunition.
Two Others (Free
State) State v M Matsetela and Five Others
Accused 1, 2 and 3 and (Western Cape)
other persons known and/ Malome Matsetela, Amos Ngobeni, Samuel Ngwenya,
or unknown to the State Linda Malopi and Wison Khoza were members of a
participated in the planned, Johannesburg-based syndicate that stole overhead
continuous and repeated copper cables from Telkom, Transnet and Eskom
Adv. S Mthethwa
theft of Eskom overhead worth millions of rands between 2012 and 2015. The
copper cables and damaged, Hawks were part of the investigation because of
tampered with or destroyed essential infrastructure. an increase in the theft of overhead cables. A silent
alarm was triggered when the syndicate cut Telkom’s
The accused were convicted of racketeering, overhead cables between Oudtshoorn and Prince
theft of Eskom cables, tampering with essential Albert. The cables were transported to Johannesburg
infrastructure and money laundering. Accused 1 was and sold as scrap metal. The Senior State Advocate
sentenced to 16 years’ imprisonment, accused 2 to informed the court that Matsetela received more than
16 years’ imprisonment and accused 3 to 12 years’ R15m between November 2012 and September 2014.
imprisonment. All the accused were convicted of theft, racketeering
and money laundering and sentenced. Matsetela was
State v Siphamandla sentenced to 77 years’ imprisonment.
Mdlalose and Four
Others (Eastern
Cape)
Between 1 March 2019 and 18
September 2019, the accused
were involved in 41 incidents
of housebreaking with intent
Adv. Wilson
to steal. A group of men
approached residential
properties in rented vehicles and gained quick entry
using a crowbar, pick axe head or hammer. Flat screen
TVs, electronic equipment, jewellery, cash, foreign
currency, perfume and firearms were targeted, stolen
and taken to a house close to Zwide for storage
and distribution. Information provided by security
companies, the complainants and the cars identified in
the area during the housebreaking led to the accused
being traced and arrested.
The accused were convicted on two counts of
racketeering, 41 counts of housebreaking and theft
and one count of unlawful possession of a firearm
and ammunition. All the accused were sentenced
to 15 years’ imprisonment for racketeering. For
housebreaking, accused 1, 2 and 3 were sentenced
to 20 years and accused 4 was sentenced to 10 years.
For money laundering, accused 3 was sentenced to 15
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2023/24 Annual Report

Specialised Tax Unit NPA/SARS joint training programme:

The STU is a dedicated component in the NPS, A joint training programme for STU prosecutors
which prosecutes serious complex tax cases from and SARS Criminal Investigations Unit investigators
SARS. was developed and executed. The topics included
money laundering, drafting charge sheets, searches
The STU footprint has been extended to the
in terms of the CPA, Tax Administration Act,
divisions and continues to perform well, achieving
Cybercrime Act and Electronic Communications
a 97% conviction rate and finalising 166 cases with
and Transactions Act, 25 of 2002. The main objective
a verdict. This is an increase over the 115 verdicts in
of this training programme was to improve the
2021/22 and 139 verdicts in 2022/23.
investigation and prosecution of serious complex
Strategic interventions are resulting in more tax tax cases. The virtual training programme was a
offenders being sentenced to direct incarceration. huge success and will continue to be a permanent
The key strategic focus for the new year is to increase feature in the STU training strategy going forward.
the number of money laundering investigations and
Tripartite agreement:
prosecutions in the area of tax crimes through the
early identification of potential cases. The STU participates in a tripartite agreement
between the DPCI, NPA and SARS to bolster inter-
Key achievements agency collaboration on improving the turnaround
NPA/SARS/DPCI pilot project: time for processing section 73 of POCA applications
A joint project with SARS and DPCI was established and strengthen prosecutions.
to proactively encourage tax compliance amongst
New DDPP appointments:
taxpayers. The project commenced in 2022/23 with
prosecutions for non-filing tax contraventions as The STU welcomed two new DDPPs who were
envisaged by section 234 of the Tax Administration appointed to head the Mpumalanga and Limpopo
Act, 28 of 2011, which provides for sanctions of a fine STUs and have brought stability to the STU
or imprisonment not exceeding 24 months. Thus management. Since their appointments, there has
far, SARS has registered 90 cases with the DPCI in been a notable improvement in the performance of
the Johannesburg SCCU. All 20 cases enrolled in their respective divisions in relation to tax matters.
the Johannesburg Magistrates’ Court have been Key challenges
finalised with a conviction. Tax compliance matters The implementation of austerity measures has
are not finalised until SARS confirms that the accused prevented the STU from filling critical positions
person is tax compliant, ensuring that taxpayers file within the unit. Administration support personnel
their tax returns during the year of assessment. are seriously under-capacitated, and four divisions
The pilot project will be expanded to other have no permanent head. The national office is
divisions, with a transfer of skills to prosecutors in understaffed, with only one Senior State Advocate
the Magistrates’ Courts. It is anticipated that the and the SDPP to oversee and provide support to
project will bolster general tax compliance amongst the divisions, oversee the operations of the office
taxpayers and provide greater public awareness and provide stability. Addressing these issues is
through the media, particularly where high-profile dependent on funding.
individuals are involved, such as the recent case
of Sonia Mbhele, Executive Producer of the ‘Real
Housewives of Johannesburg’.
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Notable cases

State v Bukari State v Nene

Bukari and his company, Mark Two Electronics, Nene was convicted of 25 counts of fraud for
were charged with 19 counts of fraud, two fraudulently submitting VAT returns valued
of forgery and uttering that he submitted at over R1m to SARS on behalf of a company
fraudulent VAT returns and fictitious tax invoices called Nokune Trading CC. An investigation
claiming undue VAT refunds worth over R2.7m. was prompted when the accused was unable to
His company was not legally entitled to claim provide SARS with requested tax schedules and
VAT refunds from SARS. The accused was supporting documents to substantiate the VAT
convicted in the Johannesburg SCCU Court in refund claims. The investigation revealed that
Palm Ridge on multiple counts of fraud, forgery Nokune Trading CC was not trading and the only
and uttering. Bukari was sentenced to 12 years’ transactions into its bank accounts were VAT
imprisonment. refund deposits from SARS. The Johannesburg
sentenced Nene to 15 years’ imprisonment.

INVESTIGATING DIRECTORATE

The ID leads the NPA’s the passing of the NPAA Act. In anticipation, the ID
response to serious, complex has prepared a detailed project plan to give effect
and high-level corruption to the amendments and ensure greater impact.
matters mainly resulting from
the Zondo Commission. Key achievements
Since the inception of the ID, 115 investigations have
The ID made significant
been authorised by the Investigating Director. Of
progress in addressing the
these, 37 have resulted in a criminal court case being
challenges reported on in
Adv. Tilas Chabalala enrolled and 78 matters are still under investigation.
the previous annual report.
The 37 court cases enrolled followed the arrest of
Legislative amendments to
208 accused and the summons of 67 entities.
secure the permanence of and define the powers
of the ID was a key challenge. The NPAA Act was The 115 authorised investigations are grouped under
signed into law on 24 May 2024 and brings about the following priority investigation categories:
significant changes, as set out in the legislative
Transnet Bain (SARS)
amendment section of this report.
Eskom Alexkor
Significant progress has been made in capacitating
the ID with the appropriate specialised skills and Bosasa South African Airways
resources to investigate complex corruption, and to
Estina Public Investment
process and interpret large volumes of data.
Corporation
A lack of international cooperation relating to the
SAPS Denel investigation
extradition of the Gupta brothers has not been
resolved. Renewed attempts are being made to NPA Ministry of Defence
ensure the extradition of these individuals.
SSA Enablers Project
The ID is aware of the high expectations of the
South African people, which will be heightened by
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Performance information – continued

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2023/24 Annual Report

Table 13 provides a summary of the ID’s achievements in authorised matters since inception.
Table 13: Summary of ID matters, 2019 – March 2024

Indicator Number

Matters authorised 115

Investigations outstanding 78
Matters enrolled 37
Accused persons 208
Accused entities 67
Tax matters enrolled 9
Accused persons in relation to tax offences 13
Accused entities in relation to tax offences 13
Convictions 2
Acquittals/discharges 1
Matters removed from court roll 2
Matters withdrawn (2019 – 31 March 2024) 1

There are 122 recommendations by the Zondo Commission that fall within the mandate of the ID. Table 14
provides a summary of the progress made in implementing the Zondo Commission’s recommendations.
Table 14: Summary of Zondo Commission achievements

Number of Number of cases/

Action recommendations inquiry files
Specific recommendations from the Zondo Commission 122 32
Investigation authorisations being considered 15 7
Under investigation 86 18
Enrolled for criminal trial 21 7
Finalised N/A 1
State capture matters enrolled with no specific recommendations – 14

Key challenges
• Lack of resources to investigate new authorisations
• Complex nature of investigations resulting in unanticipated new lines of enquiry
• Limited investigative resources
• Redeployment of available resources to attend to urgent enquiries arising from matters in court
• Access to full Zondo Commission Data Forensic Laboratory.
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Performance
Table 15 indicates the ID’s key performance indicator achievements over a period of five years.
Table 15: Key ID performance indicators, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Number of matters authorised 72 0 12 13 18
Number of matters enrolled* 5 4 5 18 3

* Two enrolments fall outside the five financial years’ period of the 6th administration (2018/19)

Key cases
The following cases involving three different organised criminal groups were investigated and enrolled. The
cases are reflective of systemic corruption in which the SAPS’ procurement processes were captured.

State v RJ Mokwena and others

(‘Blue Lights’ matter)
Twelve people, six of whom are police generals,
and one SAPS company are charged with
corruption, fraud, money laundering, theft, State v Madhoe and others (‘2010
contravention of Section 86 (1) of the PFMA and World Cup Soccer’ matter)
defeating the ends of justice. AFU Johannesburg The matter involves nine people, three of whom
seized the properties of the accused involved in are high-ranking SAPS officials. The accused are
the matter, worth R75m. One accused pleaded charged with racketeering, fraud, corruption
guilty to fraud and money laundering in terms and money laundering. The AFU obtained
of section 105A of the CPA and was sentenced a provisional restraining order to the value
to 10 years’ imprisonment, of which five years of R165m.
were suspended for five years under certain
conditions. An AFU confiscation order was
obtained for R4.4m, which was paid into CARA.

State v Joubert and others

(‘Markings’ matter)
Fifteen people and nine companies are charged
with racketeering, fraud, corruption, PFMA
contraventions, forgery, uttering and money
laundering.
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2023/24 Annual Report

The following cases were matters covered by the Zondo Commission, some of which involved specific
recommendations.

State v Hlakudi & Others (‘Eskom

Kusile’ matter)
The matter was enrolled on 19 December 2019, State v Dudu Myeni
when Hlakudi and 10 other accused appeared During the Zondo Commission, Angelo Agrizzi
before the court on charges of corruption and alleged that several politicians and government
fraud. The matter was postponed several times officials received bribes from Bosasa. This
on application of the defence. On 26 July 2023, included Dudu Myeni who, at that stage, was
the Palm Ridge SCCC dismissed two the South African Airways board chairperson.
interlocutory applications brought by Abram Agrizzi alleged that Myeni received security
Masango and Antonio Trindade, one being to upgrades to her residential home in Richards
access the B and C sections of the case docket Bay. Myeni and Trevor Mathenjwa were arrested,
and the other to compel the State to provide and the matter was enrolled on 29 September
further and better particulars. The matter has 2023. The matter was postponed for pre-trial
been transferred to the Johannesburg High procedures.
Court for a pre-trial hearing on 23 May 2024. The
extradition request of Michael Lomas (a former State v Desmond Nair
Tubular Holdings executive advisor) from the Nair, a former Senior Magistrate at the Pretoria
United Kingdom was granted in February 2024. Magistrates’ Court was also implicated by
Lomas subsequently appealed the extradition Agrizzi. The matter was enrolled on 11 October
based on alleged ill health. On 4 May 2021, the 2022. After several postponements, the accused
AFU secured a freezing order of R1.4bn against submitted representations to the NDPP stating
the accused in relation to the matter. the reasons why he must not be prosecuted.
The matter is back in court on 27 July 2024 for
SAP pre-trial procedures.
The matter was authorised on 17 March 2023,
with the criminal investigation on allegations of State v Vincent George Smith
fraud and corruption currently ongoing. On 11 Agrizzi also alleged that Vincent George Smith
January 2024, the NPA concluded a C-ADR with received a security upgrade gratification from
software giant SAP Global and its South African Bosasa. He also received gratifications from
subsidiary, SAP South Africa (Pty) Ltd. SAP paid Waterfall Golf Estate and Clidet 69, as well as
more than R2.2bn in restitution and punitive evading tax. The matter was enrolled on 11
reparations for its role in Gupta-linked corrupt October 2020 and a restraining order to the
contracts. The total amount is made up of a value of R46m was secured. To date, assets worth
few amounts that SAP has voluntarily agreed to R12.4m are restrained in terms of the order. The
repay to several state-owned enterprises and matter has been postponed to 28 May 2024 to
government departments, including Eskom, secure a trial date.
Transnet, the Cities of Johannesburg and
Tshwane, the Gauteng Department of Finance,
SARS and the Passenger Rail Association of
South Africa (PRASA).
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Stakeholder engagements Capacity
The ID cooperates with relevant stakeholders in The ID’s capacity has grown from 35 posts
the execution of its mandate and maintains strong (secondments, re-assignments, contract and
working relationships with the SAPS, DPCI and IPID permanent appointments) in 2019/20 to 133 at
to advance criminal investigations. Several DPCI the end of the 2023/24 financial year. This growth
officials are still seconded to the ID, while IPID is possible through an increase in the budget
investigators have now been transferred to the ID. allocation as well as the creation of permanent
positions for the ID. Recruitment drives have been
The ID’s cooperation with SARS in relation to
very effective and will continue in the coming year
matters that involve defrauding SARS or where
to ensure that all vacant positions for the approved
there is evidence of tax avoidance by individual
ID establishment are filled. Specialised services, in
suspects or entities has resulted in the enrolment
terms of specialised skills not catered for by means
of nine tax matters involving 13 accused persons
of HRM&D processes, were dealt with through
and 13 accused entities. Similarly, the ID cooperates
procurement processes. Filling specialist posts
closely with the FIC in investigations, particularly
will phase out the appointments in terms of supply
those relating to suspicious financial transactions in
chain management processes.
general and transactions that may point to potential
money laundering. To date, the ID has made 28
requests to the FIC.

ASSET FORFEITURE UNIT

Key achievements countries of the Asset Recovery Inter-Agency

The most notable achievements over the reporting Network for Southern Africa.
period are: the approval and implementation of the The AFU has the leading role and responsibility for
AFU Asset Recovery Strategy; the establishment of addressing IO8 of the FATF immediate outcomes.
the Asset Recovery Hub; the further roll out of the After the first Post Observation Period Report issued
Section 18 project; and the significant settlements at the end of 2022, the FATF Joint Group held that
that were achieved as a result of C-ADR. A major action items stipulated in the Mutual Evaluation report
impact was achieved with settlements of R2.68bn were not addressed. During 2023, and after several
and recoveries of R770m in the financial year. engagements with the FATF Joint Group, the rating
The AFU introduced novel approaches to asset of IO8 has been upgraded to ‘partially addressed’.
recovery in its Asset Recovery Strategy. These There are very few aspects that need to be addressed
include the appointment of experts in the recovery for the rating to be upgraded to ‘largely addressed’,
of proceeds moved to foreign jurisdictions and which will remove IO8 from enhanced monitoring.
C-ADR. Two service providers were appointed in the
Key challenges
past year, and another identified for appointment.
Two major C-ADR cases were settled during the The main challenges of the AFU remain its
period under review. dependence on partners and stakeholders, both
internal and external to the NPA.
Over the past five years, the AFU has run week-
long training sessions for asset recovery lawyers The AFU utilises Chapters 5 and 6 of POCA. Even
and investigators in Zambia, Mauritius, Eswatini, though the processes, and Chapter 6 in particular,
Zimbabwe and Botswana. Through the UNODC, are regarded as civil processes, the AFU is still
a recognised asset recovery short course was dependent on criminal investigations to pursue
developed with the University of Cape Town for Chapter 6 and convictions to pursue Chapter 5. The
asset recovery lawyers and investigators in member ID is a key partner of the AFU and the complex and
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lengthy investigations mean that criminal investigations and prosecutions take a long time to finalise. The
AFU cannot proceed with state capture and other complex corruption and organised crime cases if the
investigations have not reached a level of maturity that would allow the AFU to prove such criminality in its
papers. Outside counsel appointed in terms of Section 38 of the NPA Act have assisted.

Performance
The AFU was struggling with a vacancy rate of almost 50% at the start of the period under review and had not
been permitted to fill any investigator posts for the preceding seven years. The AFU’s senior management was
unstable. Several initiatives have been undertaken to address this situation. A programme was implemented
to improve staff morale and develop the leadership of the AFU. Additional budget was secured, enabling the
AFU to fill vacant posts. The results are evident from the growth trends visible in the performance of the AFU.
Table 16: Performance against NPA MTSF targets, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Indicator performance performance performance performance performance
Value of freezing orders in
corruption or related offences R1.6bn R611m R5.5bn R570m R932m
Value of recoveries in
corruption or related offences R3m R3m R117m R2.63bn R787m

Value of freezing orders in corruption or related offences:

Serious corruption matters are highly complex and time consuming to investigate, and it may take multiple
years to obtain an order. This makes it challenging to achieve the targets year-on-year. When an order is
obtained, it is often of very high value, which can skew the performance picture.
Value of recoveries in corruption or related offences:
Challenges remain the complexity and time required to finalise cases. Even settlements are heavily contested.
However, a clear upward trend over the MTSF period has been observed.
Value of completed confiscation and forfeiture cases:
Vacant posts and instability in top management resulted in the AFU struggling to achieve its targets. The
COVID-19 lockdown had a significant impact on the AFU, as is evident from the 2020/21 figures (represented
as 2021 in the performance figures). Since 2021/22, the AFU has shown a constant and steady increase in the
values of orders obtained in completed confiscation and forfeiture matters. The very high spike in 2023/24
will serve to skew the upward trend and is attributable to two large settlement forfeitures obtained during
the year.
For Figure 15 and subsequent figures, the red dotted line shows the linear growth trend for this indicator.
Table 17: Performance against NPA Annual Performance Plan targets, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Indicator performance performance performance performance performance
Value of completed
forfeiture cases R455m R550m R550m R495m R3.08bn
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1 080
495
455

406
136

2020 2021 2022 2023 2024

Figure 15: Value of completed confiscations/forfeitures (Rm)

Table 18: Performance against AFU targets, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Indicator performance performance performance performance performance
Number of completed
forfeiture cases 417 293 370 521 653
Number of freezing orders
obtained 326 320 320 388 420
Value of freezing orders R1.95bn R512m R5.84bn R871m R1.87bn
Value of recoveries in terms of
POCA R298m R117m R281m R3bn R954m
Success rate 98% 99% 99% 99% 99%

Number of completed forfeiture and confiscation cases:

The number of completed confiscation and forfeiture cases has shown a constant and very encouraging
increase since the impact of the COVID-19 lockdown in the 2020/21 financial year. This is attributable to
several factors including improved staff morale, stability in leadership and the allocation of additional budget
to fill vacant posts.
653
417

521
370
293

2020 2021 2022 2023 2024

Figure 16: Number of completed confiscations/forfeitures, 2020 – 2024

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Number of freezing orders obtained:

The number of freezing orders includes both restraints in terms of Chapter 5 of POCA and preservations in
terms of Chapter 6 of POCA. This is a very significant, if not the most important, indicator as freezing orders
form the basis for the rest of the asset forfeiture processes. The AFU struggled to achieve its targets for this
indicator for several years, but the ability to exceed the target over the past three years clearly shows the
value of adequately resourcing the AFU and filling vacant posts. The growth trend for this indicator is also
very encouraging.

420
388
326

320
320

2020 2021 2022 2023 2024

Figure 17: Number of freezing orders, 2020 – 2024

Value of freezing orders:

The value of freezing orders is another important indicator as it shows the potential value for future
confiscations, forfeitures and recoveries. As with all the indicators, the impact of the COVID-19 lockdown
in 2020/21 is clear. Filling vacant posts and further resourcing assisted the AFU to achieve its target for this
indicator. The five-year graph shows a downward linear trend due to the very high value of orders obtained
in 2022/23. Excluding this spike, there is an upward year-on-year trend from R1.03bn in 2021/22 to R1.04bn in
2022/23 and R1.88bn in 2023/24.
7 412
1 950

1 877
1 037
1 028

2020 2021 2022 2023 2024

Figure 18: Value of freezing orders (Rm), 2020 – 2024

Value of recoveries in terms of POCA:

The value of recoveries represents all recoveries made during the period under review. This includes the
value of cash recovered and paid to CARA and victims, as well as movable, immovable and immaterial goods
and claims returned to victims. This indicator also shows an upward linear growth trend.
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2 993

957
281
298

117

2020 2021 2022 2023 2024

Figure 19: Total recoveries R(m), 2020 – 2024

Success rate of litigated cases:

The AFU has always exceeded the 93% success rate target. This indicator serves as a measure of the quality
of work and the skill levels of AFU members. It further indicates that the AFU has sound case selection criteria
in place to ensure that cases where recoveries can be made are taken to court.

Key cases

Moidheen and Vatika Trading

Pillay Vatika Trading and Kgotho Trading Enterprise
A major state capture made false and fraudulent misrepresentations
case, in which Eskom in their tender bid to the SAPS, which resulted
contracts were awarded in them winning a national tender for branding
to a contractor (ABB’s SAPS’ vehicles, valued at R50m. The respondents
South African subsidiary, did not meet Black Economic Empowerment
Adv. Suna De Villiers
ZAABB) on condition requirements and were not registered for
that ZAABB appoint a VAT or as VAT vendors at the time the tender
sub-contractor preferred by Matshela Koko, the was awarded. They failed to pay VAT despite
Chief Executive Officer of Eskom at the time. charging SAPS VAT on all their invoices.
The subcontractor, Impulse, did not comply More than R56m was paid to the respondents
with ZAABB’s appointment requirements but – the 1st and 4th respondents laundered the
ZAABB employees circumvented processes tender funds to the 2nd and 3rd respondents’
within the company to ensure that Impulse bank accounts. Senior SAPS officials are also
was appointed, for which they and their wives’ implicated in the fraud and corruption.
received gratifications. Funds paid to Impulse
were siphoned from the company and paid to The AFU obtained a restraint order for R75m on
other companies and gifts were also paid to 28 April 2023, in addition to a forfeiture order
individuals and entities. and recovery made in 2020. The AFU will launch
a confiscation application on conviction of the
The AFU obtained a restraint order for accused.
R583.8m on 6 April 2023. The criminal matter is
ongoing, and the AFU will launch confiscation
proceedings on conviction of the accused.
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Chang Qush
Between 2005 and Qush cleaning services
2015, the Mozambican defrauded the University
government took out of Fort Hare of R19m by
loans amounting to submitting fraudulent
approximately US$2bn to invoices for services not
establish three separate rendered. A university
maritime projects: a tuna official assisted in the
Ms Magdel Schimper fishing fleet, building a Adv. Anthony French fraud by facilitating the
shipyard, and surveillance undue payments. He was
operations to protect paid R4m in gratification.
the Mozambican
The AFU obtained a restraining order for
coastline. Privinvest
R14.3m on 23 May 2023. The AFU will launch
Group – an international
a confiscation application on conviction of the
ship-building group
accused.
specialising in high-
end and technologically Compensation Fund
advanced ships,
Corrupt employees
including commercial
Adv. Simon Sethe committed fraud by
vessels and mega
moving a large amount
yachts – facilitated the
of money from the
loan applications through the London Branch
Compensation Fund to
of Credit Suisse AG and VTB Capital PLC,
private accounts. This
an international financial services group that
was done by creating
provides investment banking, private banking
fraudulent beneficiaries
and asset management services. Privinvest
on the system and
officials charged the Mozambican government Adv. Thandi Arlaat
transferring the money
inflated prices for equipment and services to
several times to conceal
free up monies for bribery payments. On 27
its origins.
June 2022, a court in Maputo granted warrants
and restraint orders against the assets of Bruno The AFU obtained four
Langa, Teofil Francesco Nhangumele, Antonio preservation orders for
Rosario and Armondo Guebuza. The orders R53m and one forfeiture
were not appealed. order for R2.5m. Due
process is being followed
The Mozambican government requested
to obtain the further
that the AFU register the orders obtained
Adv. Kehilwe “Lucky” Possa forfeiture orders. To date,
in Mozambique. On the strength of the
R1.5m has been paid back
Mozambican orders and the facts in the matter,
to the Compensation
the AFU obtained preservation orders against
Fund.
the properties of four defendants in South
Africa on 25 May 2023. The total estimated
value of the properties is R49.3m. The orders are
in the process of being enforced.

Adv. Sidney Chikuni

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Guardians Fund Adamjee
On 6 April 2023, R17.7m An IT executive at the
was transferred from Cell C cellular service
the Guardians Fund in provider bought a house
the Master’s Office in in his wife’s name with the
Pietermaritzburg into proceeds of fraud and
several different accounts corruption. He bought
and then transferred another house that was
Adv. Adelle Janse Van Vuuren into other accounts registered in the name
Mr Shannon Randall
to conceal its origins. of a family member. The
Corrupt employees in the AFU also seized a vehicle
Guardians Fund were complicit in the creation bought with the proceeds.
of beneficiary accounts and the payment of
Three preservation orders for the properties
undue monies to those accounts.
were obtained, two on 27 March 2023 and
The AFU obtained a preservation order for a third on 20 June 2023, for R12.5m. The AFU
R8.86m on 26 April 2023. A further preservation obtained three forfeiture orders, one in May
for R100 000 was obtained on 20 June 2023. The 2023 and two in February 2024, for R12m. The
forfeiture process is ongoing. recovery process has started.

Gqeba Jocatus Transport

Gqeba is an attorney Jocatus Transport
who claimed R3.5m from received payments
the Road Accident Fund totalling R121m from
on behalf of a client. The Tiger Brands, a large
claim was paid but the company in the food
attorney never paid the and wholesale industry.
monies over to his client. Govender, who was
employed by Tiger
Mr Gxowa The AFU obtained a Adv. Nazreena Sayed
Brands, created 60
restraining order for
fictitious invoices for
R8.5m against Gqeba’s assets on 11 April
services that were not rendered. The invoices
2023. The AFU is permitted to restrain assets
were made in favour of and paid to Jocatus
of a higher value than the original offence/s
Transport. Jocatus Transport transferred the
to ensure that the final recovery is sufficient to
monies into different accounts to conceal its
cover the value of the benefit received from the
origins.
offence/s in question. The AFU will apply for a
confiscation order on conviction of the accused. The AFU obtained a forfeiture order for R41.9m
The criminal trial is ongoing. on 30 June 2023. The AFU is in the process of
recovering the proceeds of the crimes.
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Chinhoyi University National Lotteries

of Technology Commission
Money was transferred The matter relates to
from Chinhoyi University cases referred to the AFU
of Technology in by the SIU. Grant funding
Zimbabwe to South Africa paid to certain non-
to purchase generators profit organisations was
from a South African laundered through law
Adv. Clay Sibiya
company. The banking Adv. John Wilson
firms (conveyancers) who
details of the company received the funds from
were fraudulently altered, the non-profits for the
and the money was paid to an account that did purchase of immovable property. The properties
not belong to the company. The monies were were subsequently registered in the names
then transferred on to a third account to conceal of board members of the National Lotteries
its origins. Commission, who are by law prohibited from
benefitting from National Lotteries Commission
The AFU obtained a preservation order for
grant funding.
R330 000, the remaining proceeds in the
account on 4 April 2023, and a forfeiture for the The AFU has obtained three preservation
same amount was obtained on 27 March 2024. orders for R23.2m, R56.3m and R14.8m, totalling
The recovery process has commenced. R94.3m. The AFU is in the process of obtaining
forfeiture orders, but the matters are heavily
Project Ironside contested.
A luxury yacht was used
to transport cocaine Project Gillett
from South America to
South Africa. The cocaine
would be transferred to
a fishing vessel, which
would dock in the Cape
Mr Muhammed Thaabit Kagee Town Harbour. The
cocaine would then
be re-packaged and
distributed onward. The matter came to light
when 2.85 tonnes of cocaine worth an estimated Adv. Nicole Peters, Adv. Donald Phahlane, Adv. Tazi Nemaorani and
Ms Makopi Maripane
R1.42bn was seized.
Both the yacht and the fishing vessel were
A syndicate of foreign nationals using fraudulent
seized and sold on auction. R444 000 and R9.2m
South African identity documents was dealing
were paid into CARA on 31 May 2023 and 10
in unwrought gold in the Carletonville area. The
May 2023 respectively. This was a major blow to
first preservation for R1m was obtained on 31 July
the drug syndicate.
2023; the second for R355 000 was obtained on
The criminal matter is ongoing with further 7 August 2023; the third for R16m was obtained
possible confiscation proceedings being on 30 August 2023; and the fourth for R3.25m
considered on conviction of the accused. was obtained on 8 January 2024. The property
seized includes movables, immovables and the
bank accounts of individuals and entities linked
to the syndicate.
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Jordaan Optimum Coal Mine
Jordaan was working in
an organised manner
with coal miners and
other landowners to
establish and operate
open-cast coal mines in
Mpumalanga. The mines
Adv. Kobus Van Der Walt
were operated without
Adv. Chinner, Adv.
any approvals. Rabaji-Rasethaba, Mr Thembinkosi Dlephu
Adv. De Villiers
The AFU obtained two freezing orders with a
combined value of R384m in November and
December 2023. A further confiscation linked
to this matter was obtained against a party
operating an illegal coal processing plant. A
confiscation order of R200 000 was granted on
9 February 2024.

SAP
German company SAP,
Mr Sibusiso Tshikovhi Ms Meera Ramdeen
which implements an
Enterprise Resource
Planning system widely During the height of state capture, the Gupta
used in government, brothers used monies from corrupt payments
engaged in corrupt (including from Eskom) to buy a coal mine with
transactions with entities the view of supplying coal to Eskom.
Adv. Richard Chinner
and persons linked
to state capture and The AFU obtained a preservation order in
paid bribes to extend current contracts and respect of the mine. On 23 January 2024, the
secure further contracts with the South African AFU entered into a settlement agreement,
government and state-owned enterprises. which was made an order of the court, in terms
These entities included Transnet, Eskom, the of which R480m will be returned to the victims.
City of Tshwane, the Department of Water and This is a breakthrough in state capture cases. The
Sanitation, the City of Johannesburg, PRASA recovery is in process. This case was concluded
and the Gauteng Department of Finance. based on the C-ADR process.

After extensive investigations and lengthy

engagements with the International Holding
Company and the US Department of Justice,
SAP agreed to a settlement that was made an
order of court. A settlement forfeiture order
for R2.2bn was obtained on 24 January 2024, of
which R750m was paid into CARA on 1 February
2024. Several more recoveries are in progress.
The matter was resolved in terms of the C-ADR
processes. The holding company disgorged
the benefit received from South Africa. This is
another example of a successful recovery of
proceeds of unlawful activities moved abroad.
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State v MJ Mashiba State v M Masiya

and TS Maesela – and O Raisi – Tax
murder Two Zimbabwean
The High Court of South of nationals, Marshall
Africa: Limpopo Division, Masiya and Oswald Raisi,
sitting in Polokwane has were sentenced by the
sentenced Mmamoraba Polokwane Specialised
Jacob Mashiba and Commercial Crimes
Adv. Lerato Mohlaka Tubake Sister Maesela, for Adv. Phumudzo Mudau Court for possession
the murder of Mogokolodi of illicit cigarettes and
Cleopass Digama. Both accused were sentenced corruption. Masiya was
to life imprisonment for the count of murder, five sentenced to 18 months imprisonment for illegal
years for unlawful possession firearm and three immigration, and Raisi to five years imprisonment
years imprisonment for unlawful possession of or a fine of R5 million for possession of illicit
ammunition. The sentences were ordered to cigarettes valued at R9 million and eight (8)
run concurrently, the effective sentences is life years imprisonment for corruption. The Renault
imprisonment. truck and two trailers respectively, and 444
master boxes of Remington Gold cigarettes
The accused persons pleaded not guilty to all were forfeited to the state
the charges. The state led evidence of witnesses
who testified on how the incident of 17 June On 20 May 2023, at the Beitbridge border, the
2021 unfolded when Mogokolodi Cleopass SARS officials conducted an inspection and
Digama, a Warrant Officer in the South African noticed that the number of goods declared on
Police Service (SAPS) attached to Apel police the document and the load on the truck did not
station, was shot and robbed of his service correspond. They then redirected the truck to
pistol and vehicle. The incident happened at the inspection ramp and unpacked the load.
his Somalian friend’s tuckshop. The evidence They found 440 master boxes of illicit cigarettes
revealed that the deceased was shot and killed amounting to R9.6 million, hidden under the
with an unknown pistol at Lerajane village, in cotton oil cake. Raisi offered the SARS official
Sekhukhune district and his vehicle was later R30 000, as a gratification to prevent him from
recovered burnt. inspecting and searching the truck. The official
then called the police officers and the accused
The police investigations led them to the wife of were arrested. The accused pleaded guilty to
the deceased and her lover who fathered one of the charges and the court found them guilty as
her children. The court further heard that prior charged.
attempts of poisoning the deceased had been
made by both accused.
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State v ML State v Shadrack
Madigoe gender- Hasani Baloyi and
based –Violence/ Themba Baloyi –
Trio Trio Crime
The Limpopo Polokwane The High Court of
High Court has convicted South Africa, sitting in
and sentenced a 39-year- Thohoyandou Local
old man, Motsepana Division has convicted
Adv. David Sebelebele Adv. Nnduvheni
Lolo Madigoe, from Mulangaphuma and sentenced Shadrack
Seleteng Ga-Mphahlele Hasani Baloyi to two
to three life terms and 76 years imprisonment life terms and 240 years imprisonment, co-
for five counts of rape, three counts of accused Themba Baloyi, to life sentence and
housebreaking, kidnapping and assault with 75 years imprisonment, for multiple offences
intent to cause grievous bodily harm, robbery which included rape, murder, robbery with
with aggravating circumstances. During the aggravating circumstances, housebreaking with
trial, the accused pleaded not guilty, and intent to steal and theft.
the court heard that between June 2015 and
Between 2011 and 2018, the accused persons
August 2020, the accused was terrorising the
were terrorising the communities of Xitlhelani,
community members of Seleteng, Makotse and
Roadhuis, Risinga View, Xikukwani, and Giyani
Lebowakgomo, by breaking into their houses
section F. Accused 1 (Shadrack) would enter the
and threatened them with a knife demanding
homestead of the complainants and robbed
money before raping them. In another incident,
them of their belongings, before raping them.
the complainant was walking on a footpath with
The other complainants were in the bushes
the accused when he threatened to kill her,
when they were confronted by the accused,
and then drag her into the bushes and raped
who shot the deceased Shilenge Daniel and
her. Vulnerable people were targeted and that
further raped the female victim. Both accused
the victims suffered serious injuries because of
also robbed and raped a complainant who was
this offence especially the elderly women of 56
in a taxi while pointing her with a firearm. In
and 74 years of age who were assaulted before
another incident, both accused took cars of the
being raped by the accused. The accused was
other complainants. The accused were linked
linked through the DNA in all the offences.
through the DNA in all counts of rape.
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State v Uncle of State v Shonono

minor – Rape Amos Sibande –
The Mankweng Regional Rape
Court has convicted and The Groblersdal Regional
sentenced a 29-year-old Court sentenced Shonono
man of Tjatjaneng Ga- Amos Sibande to life
Mothapo, to three life imprisonment following
imprisonment, for the the conviction of rape of
Adv. Makgomothi Masehela rape of a 12-year-old Prosecutor Sifiso Miya an eight-year-old girl. On
minor girl. The name of the day of the incident on
the accused is concealed to protect the victim, 2 September 2020, the accused was working at the
as they are related. The accused pleaded not victim’s homestead at Tafelkop. He was employed
guilty, and the court heard that on 18 August to erect the wall and to clean the yard. The victim
2021, the victim was back from school when she was left alone in the house by the mother while
found her uncle (the accused) having sexual watching television.
intercourse with a woman in the house, the
woman ran out of the house, and the uncle The accused entered the house and found the
dragged the child and raped her. The accused victim sleeping on a sofa, he undressed the
then stopped when he heard the victim’s victim and raped her. He further threatened to
brother coming in. Two days after the incident, kill her if she told anyone. The victim did not
the accused continued to rape the victim after report the incident to anyone. Almost a year
she refused to call the woman, she found him later, the victim’s mother became concerned
with. The minor reported the matter on 12 about the changing behaviour of the child and
September 2021 to her mother. her loss of weight. As a result, she took the child
to the local clinic and the child was referred to
There was no DNA evidence, as the matter was the local hospital wherein it was confirmed by
reported to the police late. The J88 was handed the doctor that the victim was raped. It was then
in to corroborate the evidence of the forensic that the victim reported to the mother about the
nurse who testified about the injuries the victim rape and the matter was reported to the police.
sustained throughout the ordeal. The victim
also testified through the assistance of the
Court Intermediary, as she was a minor. Victim
Impact Statement was also handed in court
which explains how the incident affected her
emotionally, physically and her studies.

Stakeholder engagements
The Asset Recovery Strategy of the AFU had to be approved up to Ministerial level. This required significant
engagement with partners and stakeholders in the other NPA divisions, such as the NDPP, NPS, SCCU and
SOC, and external to the NPA such as the Director General and the Minister. The engagement process was
lengthy but resulted in the approval of the Asset Recovery Strategy.
The AFU has also made considerable efforts to improve cooperation with the SIU. These efforts produced
excellent results, with the AFU managing to obtain three preservation orders for R94m in National Lotteries
Commission cases referred by the SIU. There is very good cooperation between the AFU and SIU at this stage.
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Capacity
Table 19 reflects the growth of the AFU from April 2019 to 31 March 2024.
Table 19: AFU growth, April 2019 – March 2024

2019/20 2020/21 2021/22 2022/23 2023/24 31/03/2024

Establishment 187 221 234 233 250 253
Vacancies 70 91 84 67 58 58
Vacancy rate 37% 41% 36% 29% 23% 23%

From June 2023, the AFU was unable to make any Budget
appointments due to budget constraints. The AFU budget increased from R159.5m in 2019/20
It is noteworthy to mention that payments into to R219.7m in 2023/24. This increase is in line with
CARA increased from R167m in the 2019/20 financial the 35% increase in its staff establishment. CARA
year to R835.3m as of 28 February 2024. The funding of R100m was received late in 2017 to be
enforcement component ensures that all successful spent over three years, during which time the AFU
final orders are fulfilled, that is payments made to deposited more than R320m into CARA, a 227%
victims and payments into CARA. return on investment. The AFU also paid R2.9bn to
victims of crime.
The AFU also appointed 29 outside counsel, via
section 38 of the NPA Act, to supplement its The CARA allocation enabled the AFU to increase
capacity to deal with high-profile cases. Success the recovery of much larger amounts of money
has already been achieved in some of these, such as to the State and increase the amounts payable to
Optimum Coal Mine, ABB and SAP. crime victims. The enhanced ability of the AFU to
litigate highly complex corruption, organised crime
Training and money laundering cases, without the hindrance
The AFU has an organisational culture that includes of severe budget constraints, resulted in more
harnessing, storing and making available knowledge funds being paid into CARA. These funds allow
from various sources such as judgements, legal law enforcement to use more sophisticated tools
papers, operational areas, policy compliance, legal in the fight against crime and ultimately reduce the
opinions and best practice. incentive to commit crime.
New appointees are required to undergo training. In 2022, the AFU requested R400m in CARA funding
Lawyers must undergo a two-week theoretical and for state capture and other high-value cases that are
practical workshop aimed at an intermediary level. likely to be intensely litigated, resulting in greater
The focus is on asset forfeiture including drafting costs, protracted criminal litigations, extended
and litigating cases in Chapters 5 and 6, civil periods of curator services and higher curator fees
procedure, enforcement-related matters, policy and expenses. Approval was received at the end
compliance and financial investigations. This course of 2023 for a CARA allocation of R70m over two
is aimed at upskilling new lawyers to handle a case years. The curator fees for one case alone during
from the start of their employment, supported with the period of the request was R14.5m and the legal
the necessary mentorship. fees were R10.3m (total of R24.8m). This equates to
Staff morale and wellness 39% of the AFU Goods and Services budget for just
Since interventions by the Head of the AFU and the one matter.
former SDPP, and stability in the top management
of the NPA and AFU, staff morale has improved
substantially.
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2023/24 Annual Report

OFFICE FOR WITNESS PROTECTION

The Office for Witness Protection (OWP) provides Key challenges

temporary protection, support and related services Criminal cases, particularly complex matters, tend
to vulnerable and intimidated witnesses (and to be prolonged. This means that witnesses remain
their related persons) in judicial proceedings. on the programme for a long time, which is very
Participation in the witness protection programme costly. The covert and overt functions of the OWP
is voluntary and witnesses must abide by the strict are combined to ensure compliance with the PFMA
rules of the programme to ensure their safety. but this poses a security risk to the operations of the
OWP. Suppliers on the Central Supplier Database
Key achievements
tend to inflate prices and the number of service
• Over the past five years, no witnesses or related providers that can meet the specific needs of the
persons were harmed, threatened or killed while OWP are limited.
on the witness protection programme, for the
reason they were placed on the programme The OWP has been unable to fill its vacancies and
the placement of the unit has not been finalised.
• There has been a decline in walk-offs over the past
During operations, staff are constantly travelling
five years – during the 2023/24 reporting period,
long distances to secure protected persons, which
only two witnesses walked off the programme
places strain on their health and family relations.
• All witnesses on the programme attended judicial
proceedings when required to The allowances of witnesses and their related
persons have not been increased since the
• All witnesses and related persons that needed to
inception of the witness protection programme –
be discharged and resettled were
most, if not all, complaints from witnesses relate to
• All formal complaints against the OWP lodged by this allowance being inadequate.
witnesses with the Minister (in terms of section 14
of the Witness Protection Act, 112 of 1998) or any Protected persons often have unreasonable
government institution and/or any other public expectations, which are created by stakeholders
or private organisation, regarding their treatment and partners.
while on the programme, were successfully
resolved.
Performance
The incredible success of the OWP can be ascribed
to the men and women who work tirelessly to ensure
the safety of the persons they are responsible for.
The NPA is extremely proud of this achievement.

Table 20: Performance against NPA Annual Performance Plan targets, 2019/20 – 2023/24

Change
2019/20 2020/21 2021/22 2022/23 2023/24 over period
Actual Actual Actual Actual Actual 2019/20–
performance performance performance performance performance 2023/24
Number of witness
and related persons
threatened, harmed
or killed on the
witness protection
programme 0 0 0 0 0 0%
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Table 21: Performance against OWP targets, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
Indicator performance performance performance performance performance
% of walk-offs of witnesses and
related persons 1.2% 0.9% 1.4% 0.6% 0.3%
% of witnesses who attended
judicial proceedings 100% 100% 100% 100% 100%
% of witnesses and related
persons successfully discharged
and resettled 100% 100% 100% 100% 100%
% of resolution of formal
complaints lodged 100% 100% 100% 100% 100%

• Over the last five years, there was a 75% decline in walk-offs:
– 2019/20 – seven witnesses and two related persons (1.2%)
– 2020/21 – three witnesses and three related persons (0.9%)
– 2021/22 – four witnesses and five related persons (1.4%)
– 2022/23 – three witnesses and one related person (0.6%)
– 2023/24 – two witnesses and no related persons (0.3%)

Stakeholder engagements • Witness protection and Collaborators of Justice:

The OWP had continuous meetings and training For most programmes, Collaborators of
sessions with SAPS and prosecutors. OWP Justice are a recurrent issue. While they pose
presented at on-board training sessions in the NPA unique challenges in adjusting to protection
and TIP training sessions. programmes’ rules and limitations, their
cooperation with justice is one of the most
The Acting Director of the OWP received an
powerful tools for combating serious and
invitation to and attended the International Witness
organised crime and terrorism. The workshop
Protection: Head of Experts meeting held in
looked at the psychological aspects of this type
Indonesia in September 2023, where international
of witness and experiences were shared.
good practices were discussed and agreed on.
The following topics were covered at the conference: Capacity
The OWP has a vacancy rate of 32%, which seriously
• Witness protection in TIP cases:
impacts on its ability to deliver services. Recruitment
Participants discussed the difficulties posed has been on hold pending the outcome of the job
by the extreme vulnerability of the victims/ evaluation process, where posts were downgraded,
witnesses, their precarious status in destination and the unit is of the view that it cannot recruit the
countries and how these challenges affect their quality of personnel required at these levels.
willingness to testify and accept inclusion in
protection schemes. The views of psychosocial
experts and the experience of witness protection
partners dealing with TIP protection cases were
presented and deliberated on.
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LEGAL AFFAIRS DIVISION

The LAD is responsible for dealing with civil actions intervention, the number of matters finalised by way
and applications arising from prosecutorial decisions. of default judgements was reduced from eight in
LAD also provides legal advice and guidance to the previous year to only three in the current year.
the NPA’s business units relating to civil actions This improvement can be ascribed to the inclusion
and applications and contractual obligations. LAD of a performance indicator for all legal staff to curb
supports every employee to perform their work default judgements. However, there are still many
without fear, favour or prejudice. In essence, LAD default judgements that are being rescinded and
protects the interests of the NPA and the State in civil the rework is time consuming and costly.
litigation in which the NPA is involved.
The LAD had its own budget allocation for the first
Key achievements time. This will improve accountability and allow
ExCo to compare the impact of the unit with its
A new SDPP was appointed for LAD, bringing much-
costs.
needed stability to the unit. Over the past year, LAD
has taken steps to become a strategic partner and The LAD invested significant effort in ensuring
claim its role as the civil litigator for prosecutors. the completeness and accuracy of the contingent
liability register.
The LAD has provided business units with civil
litigation trends, which will inform steps towards Key challenges
reducing the exposure of the NPA. The LAD has also
The workload has significantly increased over
advised where skills development or mentoring is
the past 10 years as South Africa becomes more
required, as well as identifying possible misconduct.
litigious and civil society has stepped up to hold
The LAD has played an advisory role to ensure
government accountable. The NPA is being cited
decisions are quickly made to avoid unnecessary
as a matter of course for unlawful detention. The
litigation and has prevented reputational harm by
trend is to sue for the period of detention from first
efficiently settling applications.
appearance.
The LAD has obtained punitive orders against plaintiffs
whose actions were opportunistic and resulted in a
substantial waste of resources. The LAD has pursued
cost orders in favour of the State and, since 2017, 17
costs orders in favour of the State have been granted.
The LAD has also appointed cost consultants.
The LAD has managed to limit the costs related
to settlement agreements and orders against the
NPA. Over the reporting period, the LAD received
986 new delictual claims and 252 applications. The
LAD had a success rate of 77% in defending claims
of malicious prosecution or unlawful detention. The
NPA only paid out R9.796m of a total claim amount
of R224m in respect of 22 lost or settled claims out
of the 96 delictual claims finalised. The 22 delictual
claims lost is marginal when compared to the total
number of prosecutions dealt with by the NPA.
Plaintiff attorneys, who mostly work on a contingent
basis, are litigating aggressively, exploiting errors
and inefficiencies in the Office of the State Attorney
to obtain default judgements. Through a focused
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Table 22: Increase in claims and anticipated claims, 2012/13 – 2023/24

Year 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18

Number of claims 509 736 847 1 109 1 383 1 733

Year 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24

Number of claims 1 861 2 081 1 859 1 668 1 757 1 822
The trend of bringing interlocutory applications in high-profile matters to delay criminal proceedings and
target prosecutors continued.
The increased number of trials constitutes a huge increase in the workload of the legal staff in the LAD, as
well as for prosecutors who need to avail themselves for consultations and trials.

Performance
The lower success rate in 2023/24 (74/96 or 77%) can be attributed to prosecutorial errors that could not be
defended and three default judgments caused by inefficiencies in the Office of the State Attorney. However,
the percentages should be compared with the actual number of cases lost or settled.
Table 23: Performance against LAD targets, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Actual Actual Actual Actual Actual
perfor- perfor- perfor- perfor- perfor-
Indicator mance mance mance mance mance
% of default judgements N/A N/A N/A 8% 3%
(8/95) (3/96)
% of success in defended matters 78% 81.5% 88.7% 80% 77%
(57/73) (44/54) (55/62) (76/95) (74/96)
% of savings on amounts claimed 94.9% 99.8% 99% 98.1% 95.6%

% of civil actions dealt with within five days 99.1% 99.9% 99.5% 98.8% 99.8%
(1 134/ (1 128/ (1 028/ (1 039/ (984/
1 144) 1 129) 1 033) 1 052) 986)

Table 24: Summary of matters dealt with, 2019/20 – 2023/24

2019/20 2020/21 2021/22 2022/23 2023/24

Number of civil summonses
received 1 144 1 129 1 033 1 052 986
Number of civil trials 330 285 317 412 418
Number of delictual claims lost
or settled 16 10 7 19 22
Number of motions dealt with 231 300 253 263 252
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Magashule Mathenjwa and Mncwabe

Former Free State Premier Elias Sekgobela Two advocates, Raymond Mathenjwa and
Magashule (accused 13) and 15 others are Ron Simphiwe Mncwabe, were granted direct
charged with a total of 74 counts involving access to the Constitutional Court to appeal a
R255m relating to fraud, corruption, money judgment relating to their appointment as DPPs
laundering and contraventions of the PFMA and and challenging the decision of the current
the Asbestos Regulations issued in terms of the President to appoint DPPs in the Northern
Occupational Health and Safety Act, 85 of 1993. Cape and Mpumalanga. The appeal was
The accused brought an application for the successfully opposed, with the court finding
following: that the former President’s appointment of the
• To have the court declare that the State did DPPs was not finalised and had no legal effect,
not comply with section 27 of the Prevention and that the former NDPP had no statutory or
and Combatting of Corrupt Activities Act, 12 implied authority to inform the applicants of
of 2004, that Moroadi Cholata is not a state appointments. There was no official notification
witness, that the State is guilty of prosecutorial of the appointment to the applicants by the
misconduct and that accused 13 is not an decision-maker, and the decision of the previous
Executive Authority as defined in the PFMA President was preliminary and therefore subject
• To compel the State to disclose witnesses to reconsideration and the principle of functus
implicating accused 13 officio finds no application. The President
• To declare that accused 13 is entitled to know does not have to satisfy ‘a list of jurisdictional
the case against him requirements’ to make a DPP appointment. He
• To declare that there is no prima facie case may need to ‘consult’ with the Minister but, even
against accused 13. so, the final decision remains his own. There
was no obligation on him to explain why he
LAD and NPS worked together to ensure
did not give preference to candidates that his
a timeous response to the application as
predecessor wanted to appoint. The power to
the defence objected to an extension. The
dismiss is similarly an executive action that does
application was successfully opposed and
not constitute administrative action, particularly
dismissed by the Supreme Court of Appeal.
in this special category of appointments. The
However, it is evident that ‘Stalingrad tactics’
President’s decision was executive and not
are being adopted in the matter because there
administrative in nature.
were more applications from other accused.

Magudumana
The LAD successfully opposed an urgent application brought by Nandipha
Magudumana against her return to South Africa, where she is facing charges
related to the escape of the so-called ‘Facebook rapist’, Thabo Bester.
Magudumana alleges that she was arrested and abducted by members of the
SAPS in Tanzania on 6 April 2023. Based on this allegation, the applicant sought
orders declaring her ‘apprehension, arrest and abduction’ in Tanzania and
‘purported arrest and detention pursuant thereto’ in South Africa to be null and
Adv. Elize Van der Berg
void. The applicant sought: (i) a declaratory order declaring her arraignment in
the Bloemfontein Magistrates’ Court null and void; (ii) directing the orders and
warrants by which she was detained to be null and void; and (iii) a declaratory order that the applicant
is entitled to be discharged from detention. On 5 June 2023, Justice Philip Loubser of the Free State
High Court dismissed the application. He found the ‘deportation’ was, in fact, a ‘disguised extradition’
but the applicant willingly consented to leave the country.
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Stakeholder engagements
Key cases The LAD has maintained good relations with its
stakeholders. However, challenges within the Offices
of the State Attorney throughout the country had a
Khama significant impact on the work of the LAD. Two former
The former president of Botswana, Seretse state attorneys were employed as liaison persons to
Khama Ian Khama, brought an application address the NPA’s concerns on problem files. This
against the NPA, as well as the Minsters of proved hugely successful, but capacity constraints
Justice and Correctional Services, Police and meant that the initiative came to an end.
International Relations and Co-operation,
The SDPP undertook a training initiative in
related to a warrant of arrest for his possible
extradition to face charges in Botswana. conjunction with the bar council to upskill
The applicant sought an order that section prosecutors in civil litigation and this will continue
5(1)(b) be interpreted to permit a magistrate into the next year. It is hoped that this training
to consider representations before issuing initiative will improve the prosecutorial decision-
a warrant of arrest. Alternatively, that the making process and minimise exposure to litigation.
section is unconstitutional as it infringes on
The LAD worked closely with the NPS and
the right to freedom and security and to a
the Department of Home Affairs to ensure a
fair trial. The court found that section 5(1)(b)
cannot be stretched beyond its reasonably consolidated approach for handling matters in
capable meaning. The magistrate’s role is to which illegal immigrants want to apply for asylum.
determine if there is sufficient information Guidelines were issued by the NPS, and the courts
before him/her for the arrest of the person, referred to this proactive approach.
that the offence is extraditable, that the
The decision of the Lower Court Committee that only
extraditable offence was committed within
transcripts for appeals and reviews will be provided
the jurisdiction of the foreign state, and
that if this offence had been committed in in the Eastern Cape was resolved in conjunction
South Africa, the issue of a warrant would be with the DoJ&CD. As a result, transcripts will be
justified. The extradition decision lies solely provided to defend civil claims.
with the Minister. To give the magistrate
powers to consider representations would Capacity
expropriate to the magistrate powers that The staff establishment has not increased. Creating
lie within the prerogative of the Minister. and filling regional posts would have allowed the
The section is not unconstitutional because unit to decentralise certain functions, reducing
representations can be made to the Minister. the workload and increasing accessibility to
The application was dismissed. LAD services, but this process has unfortunately
been placed on hold due to fiscal constraints.
On a positive note, DPP nodal points have been
sensitised on their role in establishing stakeholder
relationships and have begun participating in police
and state attorney fora.
The lack of a digitised system at the NPA delays the
speedy finalisation of matters as the tracking and
location of files is cumbersome. The LAD is working
with ISM to procure a system that will address this
need. This will be coupled with a total overhaul of
business processes and operating systems to improve
the overall management and oversight of LAD
operations. Unfortunately, a registry has not been
implemented due to lack of administrative capacity.
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ENVIRONMENTAL CRIME

State v Dihlabeng Municipality (Free State)

The municipality contravened a directive that ordered the closure of an unlicensed waste dumping
transfer station. The municipality, as represented by Mohau Kenneth Ntheli (the Municipal Manager),
entered into a plea agreement with the State after extensive negotiations regarding the terms.
The municipality was sentenced to a R5 million fine, of which R2 million was suspended on specific
conditions regarding the rehabilitation of the environment.

State v Makhubela (Mpumalanga)

On 3 December 2014, rangers from Pretoriuskop Section in Kruger National
Park investigating the movement of poachers detained Terrence Patrick
Makhubela. Three other suspects managed to escape. Rangers found six live
rounds of ammunition in Makhubela’s possession, as well as a rifle, a bag with
fresh rhino horn and an axe nearby. They also discovered a fresh rhino carcass.
The accused was arrested, granted bail and absconded. He was re-arrested
after a warrant of arrest was issued. DNA evidence confirmed that the rhino
Regional Prosecutor
Lot Mgiba
horn found at the crime scene belonged to the fresh rhino carcass. The
ballistics report showed that the bullet found in the carcass was fired from the
rifle that had been in Makhubela’s possession.
The Skukuza Regional Court convicted and sentenced Makhubela to 20 years’ direct imprisonment
for trespassing in the park and killing a rhino, as well as possessing a firearm, a dangerous weapon
and ammunition.

State v Wood Glaze (Pty) Ltd (KwaZulu-Natal)

In 2012, Durban company Wood Glaze bought land in Phoenix from the
eThekwini Municipality. They envisaged using the land to build low-cost houses
for disadvantaged and impoverished communities. However, the company
filled wetland on the property with gravel and rubble to build platforms on
which the houses were constructed. This caused parts of the wetland to erode,
affecting the wetland and its buffer area.
In its plea, Wood Glaze conceded that they did not obtain permission from
the Department of Environmental Affairs prior to depositing waste material
Adv. Manesh ‘Yuri’ Gangai

into the wetland, negligently committing an act that has caused significant
pollution and degeneration of the environment.
After pleading guilty, the Durban Regional Court fined the company R1.875 million per count (a total
of R7.5 million) of which R1.250 million per count was suspended for five years. The company had to
appoint a multidisciplinary, specialised team to effectively rehabilitate the wetland within 60 days of
the court order.
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ACTIVITIES OF THE DIRECTORS OF PUBLIC PROSECUTION

Eastern Cape is received as a decision docket until it is eventually

finalised on the court roll. This has resulted in
Key achievements more commercial crime matters being finalised in
The Division boasts 11 TCC sites that deliver justice the Regional Courts. Prosecutors who dealt with
to the most vulnerable members of the community. these matters were ear marked and seconded to
The Cradock TCC at the Cradock Provincial Hospital the SCCU. Many of these prosecutors have been
is the most recent addition. appointed as state advocates at the SCCU while a
Additional High Courts have been established new batch of SCCU Lite prosecutors were trained
to deal with the serious and complex commercial to take over. This has become a best practice and
crime matters that have been identified as a priority. has encouraged other Chief Prosecutors to set up
Despite the resource challenges, the Division a similar unit in their Clusters to ensure that these
enrolled three high-profile complex commercial commercial matters do not fall through the cracks.
crime cases in the High Court. Key challenges
In the Gqeberha Cluster, a team of prosecutors, The finalisation of complex and high-profile matters
who became known as ‘SCCU Lite’, was set up to is a significant challenge.
deal with all commercial crime matters not dealt Interlocutory applications brought by defence
with by the SCCU. Prosecutors on this team received counsel have resulted in several delays and
training from SCCU advocates as well as individual postponements in high-profile trial matters. The
sessions on challenging matters. SCCU Lite mirrors lack of counsel from Legal Aid South Africa has
the workings of SCCU and deals with all commercial also contributed to fewer High Court trials being
crime cases in the Cluster from the time the matter
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finalised. This was raised in stakeholder meetings TIP Rapid Response Team:
with the judiciary and court roll planners, and pre- Meetings with SAPS, the Department of Home
trial conferencing is being strictly adhered to before Affairs and NGOs were held to share information
a trial date is set. on TIP and guide investigations. Joint planning with
Constant outbreaks of tuberculous, lice and other stakeholders and community initiatives ensured
infectious diseases in prisons has caused delays in uniformity in the messaging. All parties meet to
trial matters. Accused in gang matters firing their plan the approach when a new case of trafficking
counsel on the date that the trial starts delays is reported, with priority given to supporting the
proceedings. The killing of witnesses to prevent victims, gathering evidence and enrolling the
their testimony was also an issue. matter.

Loadshedding, water shortages and connectivity Business Safety Steering Committee Forum:
issues affected court hours. Stakeholders committed Businesses, the NPA and SAPS form part of a group
to working around the loadshedding schedule to that drafts strategies geared towards a safer Nelson
keep the courts going, especially at courts with Mandela Bay. The Eyes to Ears Project aims to set
no generators. The DoJ&CD server is unreliable, up a Command Centre involving SAPS and security
hampering communication with prosecutors and companies. The farming sector has agreed to fund
hindering capturing cases on the electronic system. this project. The Consumer Council Retail Industry
Prosecutors have been encouraged to obtain data has also agreed to share their records on hijackings,
allowances to alleviate this issue. business robberies, etc., and has offered to set up a
database for the province.
There is a lack of accommodation for prosecutors at
the various courts and the DPP office. Extortion Forum:
With the Eastern Cape named the most violent With the increase in extortion cases, where
province in the country, the OCC has a huge businesses are forced to pay protection fees, the
workload. Efforts have been made to transfer skills Extortion Forum meetings are a collaboration
through pairing with experienced prosecutors between SAPS, the NPA and the Bargaining Council
and moving more experienced Regional Court Civil Engineering Industry and are aimed at sharing
prosecutors into the OCC. information and databases.

Stakeholder engagements Performance

The District Efficiency Enhancement Committee The consolidated performance information for the
(DEEC), Regional Efficiency Enhancement region is shared monthly, with each office comparing
Committee (REEC) and PEEC meetings were used its performance with the next office.
as opportunities to raise and address challenges Steps taken to address blockages impacting
with different stakeholders. Smaller groups of performance in the Division:
stakeholders undertook site visits to experience
A lack of skilled prosecutors in the specialised
the challenges and develop solutions to resolve
units have resulted in some serious cases being
the issues.
lost and hesitance to take such cases to court.
The Acting Judge President has agreed to have a Contract appointments were not sustainable as
roll management meeting before the start of each skills were not transferred effectively. The Division
term. In these meetings, the rolls of the four High embarked on a skills-transfer programme where
Courts are discussed with the roll planners and Regional Court prosecutors were seconded to the
the challenges posed by a shortage of judges are various specialised units and DPP offices. They were
addressed. This engagement has proved to be paired with experienced prosecutors, and many
effective, and priority is given to long-outstanding, made second chair in these cases. Areas where
part-heard matters. prosecutors lacked knowledge and practical skills
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were identified. In-house training on the identified of teenagers flocked to the venue, which was not
areas was presented by a team of senior and state big enough to accommodate the numbers, and 21
advocates from the DPP offices. The training was children died. Community prosecutors embarked
practical and referred to cases won and lost by the on several ongoing programmes at schools in the
Division in the High Court. area to educate the youth on the consequences of
under-age drinking. Community prosecutors also
Bail applications took up considerable court time in
advocated for the Liquor Board to address the
the Magistrates’ Courts, with many decisions being
issue of under-age children entering taverns in their
overturned on appeal. Prosecutors who dealt with
regulations, which it did.
bail applications were encouraged to attend the bail
appeal with the advocate to enable the prosecutors Prioritisation practice and policy:
to understand why bail appeals were being upheld. GBV in the Eastern Cape has reached staggering
Prosecutors requested a practical training session proportions. All intimate partner femicide cases are
to improve screening and challenges experienced referred to the four DPP offices so they can guide
in Regional Court prosecutions. A two-day investigations and ensure that the matters are trial
training session for 43 prosecutors was hosted on ready within the shortest period.
a variety of topics. Senior prosecutors reported The DPP issued a circular to align the processes
an improvement in the capabilities of the docket between the High Court divisions and guide
screeners. prosecutors who are new to the Division.
Chief Prosecutors have a Chiefs Forum and Amplifying the NPA’s influence and voice within
WhatsApp group to support each other, share the JCPS:
challenges and find solutions. The Chief Prosecutors
Through various stakeholder meetings and
aid other Clusters where there is a shortage of staff.
engagements, the Division continues to advocate
Community prosecutions: for synergy in identifying and dealing with priority
There are eight community prosecution sites in matters.
the Division, each with its own focus. Motherwell, Communications
Gelvandale and Humansdorp focus on gangsterism; The Division’s successes are shared internally and
Mdanstane focuses on illegal taverns and drugs; externally. WhatsApp groups are used internally to
Msombomvo, Mount Ayliff and Gangelizwe focus ensure effective communication.
on GBV, ukuthwala and initiations.
Use of electronic systems and digitisation
During an Imbizo at Ethambeni in King Williams
The use of MS Teams meetings both internally and with
Town, the community complained about a man
external stakeholders has reduced costs in travel and
who was terrorising the community and not being
accommodation. Loadshedding remains a challenge,
dealt with by the SAPS. In collaboration with the
with two or three participants losing connectivity at
NGO ‘Let’s Find Them’, the man was arrested for
any given time during the meeting. PEEC meetings
attempted murder and arraigned in the Regional
have also been conducted via MS Teams.
Court for trial. The community prosecutor worked
with community members to draft a petition, which Capacity
was handed in during the bail application and The region has a vacancy rate of 16% with only 561
resulted in the accused being denied bail. of the posts filled.
In June 2022, the Enyobeni Tavern hosted a birthday
party for two popular DJs, advertising that free
alcohol would be served at the entrance. Droves
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Free State
Key achievements
The provincial GBVF Priority Task Team established deal with corruption and corruption-related cases
in 2021 has had a positive impact on the falling outside the mandate and case selection
prosecution of GBVF. The Task Team consists of criteria of the SCCU.
senior provincial NPA and SAPS officials. The team
Adv. Ferreira attended the elite International Law
continues to enhance the quality of investigations
Enforcement Academy at Roswell in New Mexico,
and prosecution of GBVF cases, as well as their
US, in June 2023. Adv. Ferreira was invited to do a
speedy finalisation. The team visited all the districts
case presentation on State v Jimmy Mashopane,
and TCCs, meeting with NPA staff and SAPS local
an organised environmental crime case involving
management on factors affecting the effectiveness
the poaching of 15 rhinos at a nature reserve. The
and efficiency of investigations and the successful
presentation was included in the International Law
prosecution of cases. Case dockets are screened,
Enforcement Academy course material as a ‘success
and the dockets of cases withdrawn and struck
story’ in dealing with organised environmental crime,
off the roll are reviewed with a view to re-enrol.
including money laundering. The relationships built
The work led to the establishment of the TCC at
with high-ranking delegates from five other African
Elizabeth Ross Hospital in Qwa-Qwa.
countries (Botswana, Namibia, Niger, Democratic
The Division responded to the NPA’s prioritisation Republic of Congo and Zambia) is ongoing and the
of corruption and corruption-related matters by Director of Public Prosecutions in the Democratic
creating dedicated cluster prosecution teams to Republic of Congo requested advice from Adv.
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Ferreira on certain environmental matters. Due to Performance
the close relationships forged, Adv. Ferreira has Performance is closely monitored and interrogated
been able to assist the other African delegates on during the bi-monthly provincial management
multiple occasions with cross-border crimes that meetings. An Anti-Corruption Task Team, Stock
spilled over South African borders. Theft Forum, Essential Infrastructure Committee and
Key challenges Trio Crimes Forum were created to prioritise focus
The current cost containment measures announced areas. In the three years since the Anti-Corruption
in August/September 2023 have had a particularly Task Team was established, a total of 187 matters
severe impact on the province. Vacancies remain have been finalised with a conviction rate of 87.7%.
unfilled, with existing prosecutors having to Dedicated docket screening teams were dispatched
shoulder the additional burden. to identified offices to address challenges and
Load shedding, water challenges and poor thoroughly prepare dockets, reduce turnaround
infrastructure have been devastating on court rolls times and increase conviction rates. These included
and court hours. Only a few of the main courts the Phuthaditjhaba Murder Project, the Excessive
have generators. High Court cases are transferred Speeding Project and the Sexual Offences Project.
to Bloemfontein as the court building has limited The High Court roll is planned well in advance and
loadshedding. closely monitored in collaboration with the office
Stakeholder engagements of the Judge President and issues are addressed
immediately. There is currently no backlog in
During September 2023, training on the National
appeal cases in the Division and the criminal trials
Water Act, 36 of 1998, was conducted at the DPP
in the High Court are carefully managed. A pre-trial
office for 18 prosecutors. The Department of Water
conference is held by a judge in respect of each
and Sanitation expressed their gratitude and
matter on the court roll to ascertain the readiness
indicated that the Free State was the first province
of the case and to address any other issues that
to release many prosecutors to attend training on
may cause delays. Sections 105A and 212B, as well
water pollution and related issues.
as other tools in the CPA are fully utilised where
The Trio Crimes Forum underwent joint training appropriate. The Division has not been restricted
with SAPS. The following topics were covered in the by the term and recess periods – it is not seen as a
training: forensics, DNA, crime scene investigation barrier when possible dates for a matter fall within
(Local Criminal Record Centre), cell-phone the recess. The Division was the first to successfully
analysis, money laundering and cyber-crimes. lead witness testimony virtually.
Judge Molitsoane from the Free State High Court
The region ran two 100-day Maintenance Challenges
presented on the roles of the prosecutor and SAPS
in the past five years, yielding excellent results.
officers in such cases.
During the first challenge at the Bloemfontein
Outstanding J88 medico-legal and post-mortem Court, the finalisation rate for maintenance
reports contribute to cases being withdrawn or enquiries improved from 51% to 74%, and 82% of the
struck off the roll. The GBVF Priority Task Team backlog cases were finalised. The second challenge
compiled a list of cases and engaged with the included a variety of courts. At the end of 100 days,
Department of Health at a provincial level. There has Bloemfontein achieved a finalisation rate above
been a significant improvement, with many cases 81%, and the finalisation rate improved from 60% to
re-enrolled and speedily finalised (often within six 72% in Welkom, 51% to 63% in Phuthaditjhaba and
months of being re-enrolled). Nodal points have 52% to 73% in Odendaalsrus.
been set up at hospitals and every police station
to collect J88s. Social workers are present in some
courts to address withdrawals at the request of
complainants in GBVF cases.
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Community prosecution: Service delivery improvement:

The Division currently has five operational The CPOs conducted 16 303 court preparation
community prosecution sites: Mangaung, sessions across the province. Counselling referrals
Sasolburg, Bloemspruit, Botshabelo and Heidedal were made in cases involving children or victims of
(to be replaced by Bethlehem). sexual offences. The Department of Correctional
Services has been encouraged to use Victim Impact
Since the inception of this initiative, the following
Statements when the offender is considered for
has been achieved:
parole. In courts, 532 Victim Impact Statements
• 39 community outreach events/Imbizos were were facilitated and 304 were used by prosecutors.
conducted to share information on GBV, drugs
and substance abuse, services offered by the The CPOs in the Welkom Magistrates’ Court
NPA and the role of a community prosecutor personally contributed to buying toiletries for
the TCC in Bongani Hospital and for a safe house
• 22 school outreach events were held where
(Goldfields Family Advice Organisation) that
learners were educated on bullying, drugs and
accommodates victims of domestic violence, GBV
substance abuse, the importance of recognising
and human trafficking.
and reporting domestic violence, gangsterism
and violence within and around the school vicinity Communications
• 19 interdepartmental meetings were held with For the 2023/24 financial year, the Division was
SAPS, the Departments of Education and Social allocated a radio slot every Thursday evening with
Development, the Public Protector, the Human Setsoto Community Radio Station.
Rights Commission and various NGOs and non- The DPP Speaks media briefing was held in October
profit organisations to discuss criminal irritants 2023 and addressed the following, amongst others:
• Joint operations with SAPS resulted in 53 alleged • The ‘Asbestos’ matter, which is before the High
drug houses and 25 shops being searched, Court, and related extradition of Cholota from
20 arrests made and two cases for possession of the US, the outcome of which is pending
drugs finalised.
• The Thabo Bester matter, in which the indictment
Two radio presentations were conducted with has been served on the accused and the case has
Motheo FM (covering violence in schools, the been transferred to the High Court
dangers of drug use, abuse and domestic violence) • The Kestel murder of seven women on a farm,
and Metsimaholo FM (covering drugs and substance which is on the High Court roll in Harrismith
abuse, maintenance and GBV).
• The murder of Mamello Thamae (Regional
In collaboration with the TCC and Court Preparation Court magistrate and acting judge), in which the
Office, informational pamphlets for victims of rape extradition application has been processed and
and/or sexual assault were pasted in the female the suspect (her husband) is currently before the
toilets of taverns and night clubs and on the walls of court in Lesotho.
hair salons in the areas of Mangaung, the infamous
Due to the high numbers of sexual offences
Small Street and 2nd Avenue.
emanating from taverns, a tavern poster setting
Prioritisation practice and policy: out a step-by-step visual representation of the
The successful prosecution of corruption remains a services rendered at the TCCs was designed. It was
priority. The focus on government and municipal- introduced to Mangaung tavern owners in August
related corruption resulted in 31 government officials 2023 and over 100 taverns and some high-end night
and 61 private sector individuals being convicted of clubs in the Free State are currently displaying these
corruption in 2023/24. Ten prosecutions involving posters.
money laundering were instituted.
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The SOCA staff created a school video covering Staff morale and wellness
topics such as rape and sexual assault, child Employee Wellness Programme (EWP) events
pornography, sexual offences and what and how to were arranged and well attended. Hiking at the
report such offences. The video has been received botanical gardens, stress relief sessions, debriefing
with enthusiasm. sessions (particularly for CPOs and on the loss of
Use of electronic systems and digitisation a colleague), chair massage in the office, wellness
The lack of infrastructure, connection instability and monitoring and regular informal staff get togethers
loadshedding hampers the roll out of electronic were held. EWP roadshows took place at the cluster
systems in the province. level, and there were EWP visits to officials on long-
term incapacity. Unfortunately, no sports day was
Capacity held due to lack of funds.
On 1 April 2023, the vacancy rate was 9.63% for
Budget
an establishment of 342. As of 31 March 2024,
the vacancy rate had decreased to 8.29% and the All activities were achieved despite a constrained
establishment had grown to 362 posts. budget. Vacancies at one-man-stations remain a
burden on the budget as prosecutors from other
stations must travel to do the court work there.
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Gauteng: Johannesburg avoid clogging up the formal criminal justice system.

However, the lack of adequate diversion options for
Key achievements adult offenders remains a challenge.
Despite reported crime statistics clearly indicating
The Division remains at the forefront of jurisprudence
that Gauteng is the crime capital of South Africa
with decisions such as the Lembore and others
when it comes to serious, violent and organised
judgment, which gave clarity on the interpretation of
crime, the resolute staff within this Division
the Constitutional Court judgements in Abore and
continued to make inroads into this crime scourge.
Ashebo. The Court found that the mere expression
Great strides have been made towards increasing of an intention to apply for asylum does not entitle
the number of successful prosecutions against a person to be released from detention where
corruption for both government officials and private s/he is being detained for contravention of the
persons. In the 2023/24 financial year, 17 government Immigration Act. The Department of Home Affairs
officials and 35 private sector individuals were is willing to deal with foreign nationals being in the
convicted of corruption. country illegally at an administrative level when no
Over the last five years, the Division has followed other offences are involved. This will reduce the
a strong victim-centric approach, with a focus on burden on the courts.
court preparation for victims of crime. There was Key challenges
an increase in the use of Victim Impact Statements Five years ago, no one foresaw the devastating
despite a decrease in the number of CPOs. The impact that the COVID-19 pandemic would have on
Division has relied on ADR mechanisms to resolve the speedy delivery of justice. Even four years down
criminal cases that meet predetermined criteria to the line, outstanding rolls, the number of backlog
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cases and number of finalised cases have not yet The Division engages with key stakeholders in the
been reduced to pre-COVID numbers. PEEC, NEEC, REEC and Case Flow Management
meetings in all tiers and districts. One of the
The impact of loadshedding on the operations of
standing agenda items is the consideration of
the courts remains a huge challenge. In addition,
reasons for roll collapse.
unscheduled power and water outages because
of damage to infrastructure has led to the closure Performance
of courts. Conditions in the Magistrates’ Courts Community prosecution:
remain very challenging, with a lack of infrastructure The Division has six fully operational community
maintenance, unstable and unreliable network prosecution sites. The initiative plays an important
connectivity and a shortage of suitable office role in addressing the presumption that crime and
accommodation. criminals are not being dealt with and is a useful
The quality of investigations and management of tool for reaching and educating communities on the
case dockets by SAPS and DPCI is a challenge. The function of the NPA.
roll planning by the judiciary is also a challenge, with The initiative has resulted in, among others:
too few cases enrolled for trial per day.
• The closure of illegal liquor outlets
The Division is experiencing a high number of • The referral of addicts for rehabilitation
vacancies in the Regional Courts, which are
• The roll out of the ‘Drug Free Programme’ in schools
responsible for adjudicating the bulk of the cases
that affect the public’s perceptions of safety, • The successful prosecution of an accused for the
including serious and violent crimes. widely publicised sale of prescription medication
(mixed with cough medicine) to children
A drop in the High Court rolls followed a reduction
• The arrest of drug dealers based on information
in the number of High Courts available for criminal
obtained from learners during an awareness
matters. Budgetary constraints have prevented the
session at a school
appointment of permanent and acting judges. At
the time of this report, there are only 10 High Courts • A roadshow to implore dealers in second-hand
in session in the Division. goods to comply with legislation.

Outstanding rolls in both Regional and District Prioritisation practice and policy:
Courts have risen exponentially over the past five Portfolio managers and Chief Prosecutors
years, with the Regional Courts about 20% higher were assigned the responsibility of drafting,
than at the end of 2019/20 and the District Courts implementing and monitoring a prioritisation plan
about 30% higher. This is despite the number of to improve performance, specifically relating to
new cases remaining on par with previous years. the priority crimes identified for the region. There
The number of backlog cases remains a concern, has been an improvement in the finalisation of the
particularly in the Regional Courts, where an upward priority cases.
trajectory has been noted.
Service delivery improvement:
Stakeholder engagements The Division adheres to the service standards set by
The Divisional Annual Operational Planning and government. Staff deliver services in a professional,
Stakeholder Conference offered the opportunity courteous, efficient and cogent manner.
to engage with stakeholders. Stakeholders were
Amplifying the NPA’s influence and voice within
made aware of the Division’s operational targets
the JCPS:
and strategies, and the steps being taken to find
tangible and measurable solutions to operational The Division actively participated in the Provincial
challenges. The conference was attended by law Joint Operational and Intelligence Structure
enforcement and the Departments of Home Affairs, (PROVJOINTS) and the divisional Law Enforcement
Correctional Services and Community Safety. Stakeholder Engagement meetings. Training of
officials from the Johannesburg Metropolitan
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Police Department and the Department of Home The Division continued to be a forerunner in dealing
Affairs illustrates the leading role the Division’s with organised crime, specifically environmental
management has taken within the JCPS. crime, illicit mining and specialised tax prosecutions.
Performance in complex commercial crime has
Communications
shown an upwards trend over the past five years,
The Division continued to make use of media
with the conviction rate in complex commercial
platforms through the office of the Regional
crime being met.
Communications Manager. The internal and
regional bulletins, Khasho and Viva Engage, were Capacity
utilised to communicate successes and important At the end of March 2023, the vacancy rate was
information to staff. 9.8%. At the end of February 2024, the vacancy rate
had increased to 11.5%, with the highest percentage
Social media, the NPA website and numerous
of vacancies being at State Advocate level (47.6%),
media engagements were used to communicate
followed by CPOs (41.7%) and Regional Court
with external stakeholders and the community.
prosecutors (14.6%).
There was an increase in the number of media
engagements at a divisional level, with the Regional Training
Communications Manager increasing her visibility Training was aligned to the priority crimes faced by
in the print and broadcast media. the region:
Use of electronic systems and digitisation • Trio crimes prosecutions
The Viva Engage prototype, which was developed • Sexual offences prosecutions
in this Division in conjunction with ISM over the past • Cybercrime prosecutions
few years, has now been rolled out nationally.
• POCA prosecutions
Performance • Essential infrastructure prosecutions.
The Division managed to attain its targets in 15 out
Seventeen training sessions related to these priority
of 19 indicators (78%), with one indicator being a
crimes benefitted 333 prosecutors. In-house
baseline indicator. The three indicators not achieved
experts were used in 12 of these sessions.
were: the conviction rate in trio crimes prosecutions;
number of government officials convicted of In total, 73 training sessions were facilitated,
corruption; and conviction rate in cases involving benefitting 779 prosecutors.
damage to essential infrastructure. The conviction
Staff morale and wellness
rate in trio crimes prosecutions and number of
The implementation of the revised remuneration
government officials convicted of corruption have
model for SMS members has lifted their morale
been an on-going challenge for the Division over
within the Division. However, the average prosecutor
the past five years.
is struggling, with financial stress adding to the
The shadow of corruption and state capture mental burden associated with prosecution.
continues to loom over the Division. Yet great strides
A Divisional Sports Day was organised and hosted
have been made towards increasing the successful
through the EWP.
prosecution of corruption for both government
officials and private persons. Budget
The decrease in performance for prosecutions The Division spent 96.02% of the allocated budget
involving damage to essential infrastructure is of on compensation of employees. Diesel for the
particular concern. More focused interventions generator at the Office of the DPP became a source
and training sessions for both prosecutors and of huge expenditure during the period. Due to
investigators will be facilitated through the Regional budget constraints within the DoJ&CD, stationery
Training Forum in consultation with stakeholders. was supplied to the Magistrates’ Courts prosecutors
from the office of the DPP, adding to the financial
strain experienced in the Division.
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Gauteng: Pretoria
Key achievements Key challenges
The Division has seen marked and significant The region has faced many persistent challenges
improvements in the achievement of performance over the past five years. The COVID-19 pandemic
target indicators over the period 2019/20 to and load shedding severely impacted the Division’s
2023/24. There has been an increase in the number finalisation rate. Vacancies at a senior management
of cable theft cases finalised from zero in 2020 to level led to staff being overburdened with multiple
30 in 2021, 53 in 2022, 75 in 2023 and 92 in 2024. portfolios. Generally, the finalisation rate has
This is significant as this crime affects businesses, dropped despite court hours being maintained.
public infrastructure and ordinary people in their
Due to the complex nature of organised crime
private spaces. The conviction rates in complex
and complex commercial crime cases heard in
tax and organised crime prosecutions have been
the Regional Courts, these matters take longer to
consistently high.
finalise and often require evidence from numerous
The Division has been very successful in witnesses, including expert witnesses. Interlocutory
prosecuting TIP cases which, by and large, end in proceedings are also regularly brought into these
convictions and lengthy prison sentences. Two matters, causing further delays. Despite these
specialist prosecutors in TIP attended a Human challenges, the outstanding court roll at the SCCC
Trafficking and Child Exploitation Executive Policy in Pretoria has significantly reduced: from 245 cases
and Development Symposium at the International at the end of October 2021 to 155 cases at the end
Law Enforcement Academy in New Mexico, US. of February 2024. The SCCU currently focuses on
The symposium was entitled ‘Making the Southern serious corruption and state capture matters, which
African Development Community Region Safer makes it difficult to address the delays.
from Human Trafficking and Child Exploitation’.
The knowledge gained from the symposium will
strengthen the region’s capacity to fight TIP within
the context of organised crime.
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Stakeholder engagements crime in Mamelodi, GBV and corruption by public

Over the last five years the region has consistently officials. To increase the use of confiscation orders,
engaged with SARS on matters dealt with by the prosecutors in the Magistrates’ Courts and the
STU. There has been an increase in the number DPP’s office were trained on the use of section 18
of cases enrolled and finalised, as well as in their of POCA.
complexity. SARS is referring cases sooner, which Service delivery improvement:
allows the NPA to guide the investigations for
The Deputy Director responsible for court
meaningful results.
preparation conducted a survey to evaluate court
The OCC engages the DPCI monthly. The positive preparation services. Fifteen surveys per court per
spinoff from these meetings is that prosecutors month per CPO were carried out to understand
play a role before a case is registered as a project service users, including: age group; the crimes they
and continue to make inputs until the project is are entering the criminal justice system for; how
terminated. A few significant projects have been they feel about court preparation services; whether
successfully terminated, such as Project Gillet they understand the information given to them;
involving illegal mining. The AFU confiscated assets whether they could find the service in the court;
in four different preservation orders with a combined and what, in their opinion, are the top crimes in their
value of R21m. The orders have now been made residential area. The outcome of the survey will be
final. Nine accused persons have been charged used to inform planning to improve service delivery
with at least 25 counts of money laundering, most of in the Division.
which are stand-alone money laundering charges.
In the area of GBV, there has been a huge reduction
The NDPP has authorised racketeering charges,
in the backlogs relating to ballistics, DNA and other
which will enable the prosecutor to charge all the
forensic reports due to collaboration between the
accused together and prevent them from raising a
NPA and SAPS.
misjoinder defence.
Amplifying the NPA’s influence and voice within
Performance
the JCPS:
The Division has achieved 12 out of 18 planned
The Division participated in 19 events and outreach
indicator targets in the year under review.
programmes throughout the year. During child
Community prosecution: protection month in May 2023, the Division –
The two community prosecution sites in Mamelodi in partnership with the Department of Social
Magistrates’ Court and Brakpan primarily focus Development – was granted permission by the
on reducing GBV. Public awareness campaigns Department of Education to visit six schools in and
with members of the public and at schools were around Brits. The learners were educated about
conducted, as well as on radio talk shows. A the court preparation service, sexual offences
partnership with NGO NICRO, which has an and criminal justice services. During youth month
Intimate Partner Violence Programme, has proved and women’s month, the NPA partnered with the
successful. Tshwane University of Technology to conduct
two GBV events at the Soshanguve campus. For
Prioritisation practice and policy:
heritage month, the Division participated in a
The Division prioritised the prosecution of drug- JCPS cluster services fair event coordinated by
related offences and obtained a SAPS CI analysis on the Government Communication and Information
drug dealers/syndicates to inform a strategy to deal System in Randfontein – different stakeholders,
with the kingpins of these crimes. A project was also including SAPS and the Departments of Social
initiated to increase the successful prosecution of
trio crimes. Additional projects targeted contact
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Development, Correctional Services and Health, Capacity
provided services to the community. In November At the beginning of the financial year, there were
and December 2023, the Division organised eight 36 vacancies in a total establishment of 436, with
outreach programmes with NGOs and cluster a vacancy rate of 8.26%. Currently, there are 51
departments for the 16 Days of Activism events. vacancies in a total establishment of 439, with a
Communications vacancy rate of 11.6%.
The region provided media releases on high- There has been a decline in the number of
profile cases and contributed articles for internal Regional Court prosecutors due to several internal
publications, such as Khasho. The Division uses promotions to ID.
an internal bulletin emailed to staff in the Division.
Staff morale and wellness
Media 24 was also engaged to profile the work of a
The DPP’s office has an active social club that holds
few prosecutors from the Division – the first initiative
events on special days such as Valentine’s Day,
of its kind in the Division.
Human Rights Day, Good Friday, Youth Day, Mandela
Use of electronic systems and digitisation Day, Women’s Day and Heritage Day, as well as an
A Business Intelligence tool is used to verify end-of-year function to boost staff morale. It also
reported performance information. The Division offers bereavement support to employees.
held a Performance Information Workshop, where
Budget
attendees were trained on how to use the tool to
The Division managed to keep expenditure within
access reported information.
the allocated budget.
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KwaZulu-Natal
Key achievements
The Division has made great strides in improving
stakeholder relations proven to be beneficial to the
Division.
Following a visit to the Ntuzuma Court in the Inanda
municipal area by the Deputy Minister, a docket
inspection was conducted, and a gap identified
between reported sexual offences and the number
of cases referred to court. The Department of
Community Safety and Liaison’s Court Watch
Unit and SAPS were engaged to monitor overall
performance in relation to sexual offences. The
SAPS data is now aligned with that of the NPA. All
new sexual offence dockets are sent to the NPA
within 14 days of registration, and it is anticipated
that the proper implementation of this resolution
will lead to the prioritisation of sexual offence cases
across the Division.
The DPP’s office has assisted with prioritising the
inquests relating to the KZN flood, in which many
people died. The staff played an advisory role in
declaring dead those people whose bodies have
not yet been recovered.
Key challenges
The public unrest in 2021 had a significant impact
on the operation of the courts. There was a sharp
increase in cases that had to be dealt with by
prosecutors under very trying circumstances.
Not only was there a lack of fuel, food, water and
electricity in many areas, but there were also threats
against prosecutors, court staff and infrastructure.
Through a coordinated response with other
stakeholders, the Division managed to ensure that
the rule of law was upheld. This unrest saw the
DPP herself attending to court rolls in remote rural
courts, and Chief Prosecutors arranging access to
fuel and food for prosecutors and other staff.
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There are low finalisation rates in the Magistrates’ prosecution has been identified for the Verulam
Courts and high backlogs in the Regional Courts. Court, Pinetown Court, the SCCU and in the
This situation was exacerbated by the COVID-19 Ladysmith cluster.
pandemic. Loadshedding is an on-going challenge
Project Hope, a murder prosecution project, is a
that is difficult to mitigate, especially given that KZN
hallmark project in the Plessislaer area. Following
is vast and largely rural, and most courts do not have
an initial inspection of 276 murder case dockets,
backup power options. The Judge President was
the project has evolved to include several current
engaged on the performance of the Regional Courts.
murder cases. New cases involving the unlawful
Courts facing difficulties, such as the Regional Courts
possession of a firearm are also being tracked. There
at Vryheid and Nquthu, were identified and the
have been many successes to date, including the
issues addressed. The REEC continues to address
enrolment of 18 murder cases and the finalisation
performance blockages at the Regional Courts.
of 55 cases through decisions not to prosecute. Of
There are also backlogs in the High Courts. The the 18 enrolled cases, five cases are to be indicted
Division drilled into the backlog data and identified in the High Court. Eighty firearm-related dockets
that complex organised crime and complex were received, eight cases enrolled and three are
commercial crime matters contribute significantly to pending the issue of summonses. One matter was
the case backlogs in the High Courts. This was raised finalised in the same week as the first appearance
directly with the Judge President. A prioritisation and resulted in an eight-year prison sentence. There
project has devised action plans to reduce the was a decision not to prosecute in five cases, and
number of backlog cases in the High Courts. the balance is under investigation.
Performance The Plessislaer site also installed or repaired 512
Performance management in the Division was streetlights and installed 15 street cameras. The
prioritised via the now two-day Provincial Meetings community has indicated that they feel safer as
of Senior Management (PROMANCO). Each a result.
manager/unit head presents the performance of The community prosecutors at Verulam hosted a
their unit/cluster, makes tangible and measurable self-funded GBV community awareness session at
commitments on plans to improve performance the Tongaat Town Hall. They have also engaged
and is accountable for the performance of their several business and community organisations on
respective units. These commitments are followed GBV. In Stanger, the Senior Prosecutor is engaging
up at subsequent meetings. A majority (75%) of with the Town Council on adopting municipal
the two-day session is focussed on performance bylaws to address nuisance crime in the town. The
improvement. The Division has managed a steady Pinetown Court staff hosted the KwaSanti school
above-satisfactory performance and is expected to pupils at a moot court and visited the school to
improve on this trajectory. inform the pupils about GBV.
The successful prosecution of trio crimes, murder Prioritisation practice and policy:
and sexual offences were a priority for the
The Division views housebreaking as a serious
region. Unfortunately, there are no dedicated law
invasion of personal privacy deserving prioritisation.
enforcement task teams across the Division and
The Durban Cluster has adopted a housebreaking
there is no consistent use of forensic capability at
case project aimed at identifying common
all crime scenes. The lack of forensics as a critical
perpetrators and monitoring their prosecution, as
evidence-gathering tool is a significant barrier to
well as identifying linkages between other crimes.
maintaining high conviction rates.
Both the Ladysmith and Port Shepstone clusters
Community prosecution:
are focussing on the reduction of murder and the
The Division has five community prosecution sites: prioritisation of murder prosecutions. Both clusters
Inanda, KwaMashu, Ntuzuma, Plessislaer and have conducted docket inspections and identified
Umzinto. In addition to these five sites, community blockages.
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The Empangeni cluster continues to deal with The following media interactions took place over
backlog cases as its prioritisation project. the 2023/24 cycle: 125 press releases, 1 185 media
queries, 160 radio interviews and 27 TV interviews.
Service delivery improvement:
Young victims of sexual offence cases often attend Use of electronic systems and digitisation
court with little or no food and must wait a long The clusters have recently utilised virtual connections
time at court before giving evidence. The staff in to lead witness evidence in trials where the
the Ntuzuma cluster have engaged with SPAR to circumstances warranted this. These included the
sponsor meals for these victims. evidence of network service providers, evidence of a
doctor in mitigation of sentence, evidence of a witness
Redesigning the NPA/SAPS Terms of Reference
who was on long sick leave after he was diagnosed
has created formal platforms across the province
with cancer, and in a matter where the victims were 83-
to amplify the collective voices of prosecutors to
and 90-years-old and could not attend court because
streamline investigation processes and deal with
of the risks associated with COVID-19.
various blockages to improve service delivery.
Capacity
Amplifying the NPA’s influence and voice within
At the end of April 2023, the vacancy rate was 9.1%,
the JCPS:
with a total establishment of 762. At the end of
The Division is consistently represented at the March 2024, the vacancy rate was 12.3%, with a total
Provincial Technical JCPS cluster meetings chaired establishment of 760. The vacancies are primarily in
by the Head of the Department of Community the District Courts and Regional Courts.
Safety and Liaison.
Training
As the driver of Project Hope, the Chief
Training was conducted to address identified needs.
Prosecutor of the Pietermaritzburg cluster has
Training on money laundering aimed to empower
made representations to the SAPS Provincial
prosecutors from the Magistrates’ Courts with skills
Commissioner to appoint retired detectives to
to prosecute commercial crime cases that were no
bolster the Task Team dedicated to the project.
longer being referred to the SCCU.
Communications
Staff morale and wellness
A WhatsApp group dedicated to engaging the
While there is room to improve staff morale,
media has been created. The manager posts all
budgetary constraints limited the opportunities and
press releases and advisories to this group to update
options. Although a few debriefing sessions were
the media on the Division’s high-profile cases and
conducted, the Division was not able to conduct
successful prosecutions. The media uses this to
follow-up sessions due to lack of funds. KZN is
report on cases, creating public awareness. This
geographically vast, so meeting at a central venue
group has become a reliable source of information
means officials must travel far and often require
for the media, as the NPA are able to advise on
accommodation. This has an impact on the budget.
accurate information.
Wellness Champions have been appointed but they
still need to be trained to assist officials on how to
access wellness services.
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Limpopo
Key achievements commitment by the prosecutors of this Division and
The Division remains committed to the fight against an indication of good staff morale.
fraud and corruption, organised crime and GBV in
High Court cases are prioritised to ensure speedy
Limpopo.
finalisation and the region boasts a high finalisation
Over the past five years, the Division has welcomed rate. Dedicated advocates who go the extra mile
the establishment of much-needed specialised ensure that High Court cases are processed and
units, paving the way towards a focused and trial ready. The DDPPs are hands on, giving the
concerted fight against these serious and violent necessary guidance and support to the advocates.
crimes. The SCCU, OCC, Environmental Crime Unit
Several high impact cases dealt with by the specialist
and STU are focussed on ensuring delivery in these
components are set for enrolment soon.
specialised crime areas. Though the units are recent,
their impact has already been felt and should make Key challenges
a meaningful contribution to addressing the FATF The performance of the Regional Courts remains a
recommendations. concern. However, many of the factors contributing
to this situation are beyond the NPA’s control. The
In a move to strengthen the work of the SOCA
primary contributing factor appears to be the delay
Unit in the Division, a DDPP has been assigned to
in filling Regional Court posts, resulting in a reliance
oversee the effective and swift handling of sexual
on acting appointments. The lack of urgency on the
offences prosecutions.
part of acting magistrates often results in backlog
The District Courts continued with their trademark build-up.
of always achieving their targets. The effective use
of ADR mechanisms continues to play a critical role
in the speedy finalisation of cases in these courts.
This performance is attributable to the high level of
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The low conviction rate in the prosecution of Community prosecution:

sexual offences is another challenge. The lack of Five community prosecution sites have been
dedicated sexual offences courts contributes to established. Prosecutors were identified to work at
delays in the finalisation of sexual offence cases, the sites with local CPOs assisting. The Senior Public
resulting in distorted recollection of key aspects of Prosecutor of community prosecutions responsible
evidence and loss of interest. This is exacerbated by for coordinating these activities has since resigned,
delays in the finalisation of often poorly conducted leaving an unfortunate gap. The appointment of a
investigations. new community prosecution coordinator will have
The Division has raised these concerns at stakeholder to be prioritised to take this initiative forward.
engagement platforms like PEEC, REEC and Case Prioritisation practice and policy:
Flow Management meetings, and efforts have been
The AFU, SCCU, OCC and STU developed a strategy
made to find solutions and address the challenges.
to ensure the AFU is involved in the prosecution
In one instance, a resolution was taken for a Regional
of matters as early as possible. The impact will be
Court, which was only sitting periodically, to operate
closely monitored.
daily. This resulted in improved case finalisation.
Amplifying the NPA’s influence and voice within
Stakeholder engagements
the JCPS:
Engagement with the head of the High Court
Meaningful participation and contributions in
resulted in improved planning by all parties and the
stakeholder’s forums like PEEC, REEC, DEEC and
smoother running of cases. In engagements with
Case Flow Management meetings offered great
SAPS, it was brought to their attention that using
opportunities to amplify the influence and voice of
outdated and constitutionally fragile pro-formas
the NPA in the JCPS.
to record admissions and/or confessions made to
the Justices of the Peace should be rectified. This Communications
resulted in a marked shift towards using more The inaugural DPP Speaks revealed the possibilities
constitutionally compliant pro-formas. and impact of sharing the Division’s news with the
Performance public through various media platforms, including
social media. The areas covered included GBVF,
The Division adheres to the NPA standard
fraud, corruption, organised crime, tax, asset
performance management processes and closely
forfeiture and serious and violent crimes.
monitors performance on a monthly and quarterly
basis. As and when required, the performance data The Division participated in outreach and awareness
is made available to both internal and external campaigns, including one on the 16 Days of Activism
auditors. for No Violence against Women and Children. A
men’s conference was held together with SAPS at
Constant engagements with relevant stakeholders
the Polokwane Correctional Centre. A community
are ongoing to improve in areas where targets are
event was held at Thohoyandou Recreational Hall
not met. The longer than expected turnaround time
to address GBV in Vhembe district. Learners were
in the investigation of commercial crime cases has
taught about cyber bullying, GBV, bullying and
been identified as one of the factors preventing the
sexual offences in various secondary schools in the
Division from conducting high impact prosecutions
province.
of serious corruption cases. Regular meetings are
scheduled to discuss blockages and map the way The Division also initiated radio interviews with
forward. The performance trends of the Division various media houses where prosecutors talked
have been similar over the past five years, save for about the criminal justice system and particularly
the decline in the High Court’s conviction rate. A the role of the NPA.
planned meeting with advocates prosecuting in
the High Court will soon be held to discuss the
downward trend.
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The Limpopo Newsletter presents the work of the
prosecutors and the DPP WhatsApp group is also
utilised to disseminate information. Facebook is
used to share case outcomes with the public.
Use of electronic systems and digitisation
ECMS and other digital platforms aimed at the
digitisation of the Division are yet to take off due to
a delay in training and challenges with the network
and access.
Capacity
There are 353 staff in the current establishment of
404, with a vacancy rate of 12.6%. All top and senior
management posts were filled as of 31 March 2024.
There was a decline in filled prosecutorial posts
due to retirements, resignations, deaths and
appointments to other divisions. The clusters and
the SCCU were severely affected as most of the
unfilled posts are in these areas.
Training
Prosecutors in the Division were trained on
cybercrime, drafting heads of argument, child
justice, malicious prosecutions and basic training
in diversity. The goal of these training sessions is
to address identified skills gaps and ultimately
improve performance. In addition, the Division
held in-house training that had been identified as
needed by managers and prosecutors participated
in training offered though donor funding.
Staff morale and wellness
Staff morale in the Division was good despite
financial challenges preventing several initiatives
from being fully implemented, especially in relation
to employee health and wellness programmes.
However, several initiatives meant to bridge these
gaps will be implemented in partnership with the
Government Employees Medical Scheme, DoJ&CD
and other relevant stakeholders and partners.
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Mpumalanga
Key achievements SAPS in different phases and dates until published
Mpumalanga was proclaimed a Division of the High in the Government Gazette on 6 October 2023.
Court on 1 May 2019. In May 2022, the first DPP, Adv.
Key challenges
Nkebe Kanyane, was appointed in Mbombela. The
Electricity interruptions (caused by both
Division also set up a local office headed by a DDPP
loadshedding and cable theft) and water shortages
to serve the High Court proclaimed in Middelburg.
are major contributors to the courts sitting for limited
Significant progress was made in a short time to hours. Witnesses come to court only for their cases
increase the much-needed capacity to fulfil the to be postponed, which creates unnecessary costs.
needs of this vast province. In 2022, a sixth regional In some instances, court recording and transcription
TCC was created at the Rob Ferreira Hospital in machines are broken due to loadshedding,
Mbombela. Four specialist units were established: resulting in records being lost. These records must
SCCU, STU, OCC and AFU. A dedicated SCCC was be reconstructed manually.
also established.
Flexible time management using the Eskom
The Regional Head of the SCCU represented the loadshedding schedule was implemented in
NPA on the International Cooperation Component consultation and cooperation with other court role
of the Consultative Team tasked with drafting the players. The DoJ&CD has committed to providing
Standard Operating Procedures as envisaged under generators and JoJo water tanks, as well as drilling
section 26 of the Cybercrimes Act. The drafting was boreholes for some courts, to alleviate the situation.
finalised and endorsed by the NDPP, DoJ&CD and
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The region is plagued by unstable and unreliable Community prosecution:
network connectivity. To mitigate the downtime The Division currently has four community
caused by connectivity issues, staff were encouraged prosecution sites:
to use personal hotspots and Mimecast, and claim
• KwaMhlanga (Witbank) – with a focus on stock
their expenditure under the cellular phone and data
theft
reimbursement scheme.
• Ermelo – with a focus on stock theft
Other delays to the finalisation of cases include
• Mbombela (White River) – with a focus on GBV
frivolous applications by legal practitioners and
accused changing legal representatives. Lack • Emalahleni – with a focus on reducing essential
of capacity in the judiciary, acting judges, the infrastructure offences, including cable theft and
termination of acting magistrates’ contracts and its economic impact.
retirements have also contributed. Prioritisation practice and policy:
An infectious disease outbreak in the prisons Organised crime, which is prevalent in the Division,
prevented legal practitioners from gaining access remains a priority focus area. However, the OCC
to their clients and accused not being brought to established in 2023/24 is under resourced and
court. requires senior prosecutors to deal with the entire
spectrum of organised crime in the Division.
Stakeholder engagements
PEEC meetings are held monthly and have been With 12 of the 14 coal-fired power stations located
broken down into two REEC meetings chaired by in Mpumalanga, the prosecution of organised crime
the Judge President to deal with challenges. An relating to essential infrastructure – particularly
action log has been created to track progress on Eskom matters – was a key focus area. Asset
matters concerning performance. forfeiture also plays a pivotal role in this space to
ensure that the instruments as well as proceeds
The region actively participates in an Eskom Task of crime are restrained and forfeited to the State.
Team. This Task Team was established to analyse Organised crime such as rhino poaching, illegal
all the centralised dockets related to incidents mining, cash-in-transit heists and TIP also require
that impact directly on the operations of Eskom special focus.
and loadshedding, and to prioritise matters with
guidance from prosecutors. Service delivery improvement:
The new TCC and STU significantly improve the
Further committees have been established to give
services delivered to the people assisted by this
priority to matters dealing with the theft of chrome
Division. Two new DDPPs were appointed to bolster
and copper.
the capacity of the Division. The Division trained
Performance 24 aspirant prosecutors in 2022/23 and enrolled a
The Division’s performance is monitored and further 21 the following year.
managed by the management team through
Communications
quarterly performance reviews. Performance is
The Communications Unit has become a strength
analysed to understand why targets have not been
of the Division. The Division maintains a database,
achieved and to identify and agree on interventions.
categorised into print and electronic mediums,
Resolutions are documented and progress tracked.
which is used to communicate organisational
Cash-in-transit heists were reduced by SAPS and successes and the outcome of key cases to internal
the OCC working together closely, particularly in staff and the public.
relation to disrupting the sale of firearms to robbers.
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Social media has played a pivotal role in ensuring The Division’s newsletter provides information
that the NPA reaches a wider audience. These on community engagements and performance
platforms have been utilised to ensure that the indicators to the various clusters of the Division.
successes of the Division receive both provincial This is supported by an internal bulletin that is
and national coverage. The Communications Unit frequently issued to inform members about the
and SOCA in the Division hosted a successful latest developments in the Division.
Maintenance Webinar on 6 December 2023, which
Use of electronic systems and digitisation
was covered by several media platforms.
MS Planner is used to track DPP priority cases in an
The Division has formed a close relationship with efficient manner. The Business Intelligence tool is
various media houses where prosecutors are also utilised to generate performance reports for
interviewed on diverse legal matters in different the Division.
languages. The Division has engaged local
SCCU has designed and introduced e-disclosure
communities to educate the public about the work
forms that help to cut costs and time when applying
of the NPA. This platform is also used to hear the
to make copies of dockets.
views of community members and provide clarity
on misconceptions that exist. Capacity
The Division’s relationship with the Safer South The Division had a staff establishment of 315 in
Africa Foundation provides an opportunity to make the 2023/24 financial year. With 270 posts filled,
high school children aware of the workings of the the vacancy rate is 14.28%. The vacancy rate in the
criminal justice system. In partnership with the Mpumalanga AFU unit is 20%, with eight of 10 posts
University of Mpumalanga, the Division held a GBV filled.
awareness campaign in Mbombela in May 2023 – Training
this was a result of the close relationship that the Joint training on essential infrastructure was
Communications Unit had helped to foster between held with affected stakeholders in Ehlanzeni,
SOCA and the University. Gert Sibande and Nkangala regions. The aim of
the training was to clearly define the roles of the
stakeholders and to establish when the NPA must
intervene in these types of crimes.
The Chief Prosecutors created training forums on
trio crimes, which resulted in improved performance
in this area.
Prosecutors in the specialist units attended training
offered by the banks on the use and provision of
financial records.
Staff morale and wellness
Employees are encouraged to use the EWP hotline
to tackle issues that may lead to low staff morale
or productivity at work. Personal issues can also
be addressed as they can impact the work of
employees.
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Northern Cape
Key achievements with SAPS, the AFU is in the process of investigating
The Division’s management has been mindful fixed properties that are involved in illegal mining.
that the empowerment of staff members is Key challenges
fundamental to their wellbeing and productivity.
On 13 July 2023, the Galeshewe Magistrates’ Court
The implementation of the Division’s Empowerment
building was closed by the Department of Labour
Drive Project in 2022 has delivered great results in
after a complaint by a union regarding the safety
addressing staff morale and employee wellness.
of the structure. This caused disruptions to crucial
The Division’s performance has been improving court services. The Galeshewe Court was reopened
since 2019, with almost all indicators achieved in the on 27 November 2023 and was then moved to the
2022/23 and 2023/24 financial years. Kimberley Magistrates’ Court on 15 January 2024.
These disruptions affected service delivery and
The DPP was instrumental in the revival of the
court performance.
dormant provincial Development Committee, in
which all service delivery blockages within the JCPS The greatest challenge within the province is its
are discussed and resolved. geographical vastness. Magistrates’ Courts are
spread far apart, and the daily court hours are
Filling the DDPP and Chief Prosecutor posts, which
affected by prosecutors, magistrates, police,
have been vacant for the past two years, have
witnesses, accused and other stakeholders having
brought much needed stability to the region.
to travel great distances to remote service delivery
The AFU Kimberley embarked on a huge public centres. The shortage of official vehicles in the
awareness campaign in Springbok. The regional Division is a challenge that results from the DoJ&CD
AFU obtained a freezing order in Springbok on facing a budget shortfall.
equipment used for illegal mining to the value of
R962 065. The seized equipment will be auctioned,
and the money will be paid into CARA. Together
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Accommodation for staff remains a challenge. Many Performance

court buildings have insufficient accommodation The Division has achieved 94.4% of its targets.
for prosecutors and alternative accommodation is
Monthly Provincial Senior Management meetings
usually some distance away. Loadshedding, water
monitor the performance of the region and
shortages and connectivity problems, as well as
necessary interventions are put in place to improve
the DoJ&CD’s server often being offline, also pose
performance. This meeting is duplicated in the
challenges to service delivery.
various clusters and business units, creating a
Stakeholder engagements positive competitive spirit.
The previously dormant Development Committee,
Regular meetings are held with the Judge President
which is responsible for addressing service delivery
to ensure that roll planning is effective and efficient.
blockages in the Magistrates’ Courts, has been
All circuit courts of the High Court are within a 300km
revived and is chaired by the Regional Head of
to 800km radius of Kimberley and advocates travel
Justice.
over weekends to consult with witnesses to avoid
The Lower Court Efficiency Enhancement Forum loss of court time during the week. Prosecutors
was formed in April 2023 and is chaired by the have been screening new case dockets on a Sunday
Regional Court President. This forum is attended afternoon in the clusters to ensure that court
by the DPP, Chief Prosecutors, DoJ&CD Regional operations are not delayed on a Monday. Special
Head, Legal Aid South Africa Head and the Chief attention is paid to identify money laundering and
Magistrate. All operational issues relating to the cybercrime offences.
Magistrates’ Courts are discussed and resolved in
The region has consistently achieved a 100%
this meeting.
conviction rate in the prosecution of cable theft
The Prosecutor Cluster’s monthly management since 2022. An increase in the District Court
meetings provide a platform where court conviction rate, from 92.6% in 2019/20 to 94.2%
performance is dissected, and challenges resolved. in 2023/24, can be attributed to more effective
The Area Court Managers and Cluster Detective screening processes.
Coordinators also attend and can provide
Delays in the finalisation of cases have caused a
immediate solutions to the challenges that hamper
huge backlog in the province across all courts. The
court performance. All offices are obliged to have a
High Court finalised 33 matters per year five years
monthly stakeholder meeting.
ago, compared to only 18 in 2023/24. Currently the
The specialist components attend various forums, High Court has a backlog rate of more than 50%. The
including Provincial Project Committee, Provincial Judge President has been requested to establish a
Organised Crime Secretariat, Provincial Operation backlog court for the High Court, and to consider
Committee on Illegal Mining, National Non-Ferrous sittings of the High Court in recess periods. The
Metals Crime Combatting Committee Provincial NPA has also commented on the impact that acting
Meeting, National Environmental Crime Forum, judges have had on the finalisation of cases.
Stakeholder Priority Committee to Address Illegal
The Chief Magistrate initiated a meeting with
Gambling, Northern Cape Rural Safety and Stock
Senior Public Prosecutors and Legal Aid South
Theft Committee.
Africa to optimise the use of court hours and various
The SCCU maintains a strong stakeholder resolutions were adopted. The weekly criminal
relationship across law enforcement agencies. The court roll is now distributed to both Legal Aid South
cooperation of the Fusion Centre committee, which Africa and the NPA for the purposes of identifying a
includes all the law enforcement stakeholders, priority court roll in line with the Minister’s directives.
assists investigations and bigger cases are managed
through Steering Committee meetings and case
planning systems. The Steering Committee is
composed of colleagues from different disciplines.
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Communication the NPA’s operation hubs. Information pamphlets
SAPS (specifically DPCI), the Government and branding were shared during all these
Communications and Information Systems and the programmes. Facebook has been used to share
Departments of Basic Education, Higher Education information about events hosted by the Division,
and Social Development have come on board to as well as providing information about successful
ensure that the work of the Division is effectively prosecutions within the Division and cases that are
communicated. currently in court.

Even though the Northern Cape has limited media A divisional bulletin has made it possible to
houses and a small media footprint compared communicate easily with personnel in the division.
to other provinces, the work of the Division has Use of electronic systems and digitisation
reached its intended audience and received national The Division has implemented several local
coverage. This is achieved through the South electronic systems to improve service delivery.
African Broadcasting Corporation, Diamond Fields These include an electronic system to deal with and
Advertiser, Media24, Netwerk24 and Independent manage appeals, matters for decision and the trial
Media (OFM, Maroela Media, Koerant, NC Nuus), work of advocates. Civil matters are also recorded
community radio (Kurara FM, Radio Riverside, on a digital register and audited quarterly. This has
Vaalter FM and Revival FM), as well as broadcasters improved the speed with which matters are dealt
outside the province such as Khaya FM, Y FM, with and finalised.
Jacaranda FM and Cape Talk.
Capacity
The utilisation of interactive face-to-face platforms –
The division has a vacancy rate of 16%, which
such as community outreach, dialogues, exhibitions
is negatively affecting its performance. These
and information sessions – played a significant role
vacancies include key administrative positions and
in reaching communities, particularly those far from
legally qualified staff.
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North West
Key achievements The Organised Crime Strategy that was finalised
Many of the Division’s recent achievements can in the current financial year set out clear indicators
be ascribed to the stakeholder conference held and targets. The regional OCC has 14 registered
in 2022 in collaboration with SAPS and DPCI, projects that are managed through DPCI’s Provincial
where approximately 500 attendees pledged their Project Committee and SAPS Provincial Organised
commitment to achieving service excellence in the Crime Secretariat.
province. Looking back, it is clear that this initiative,
In April 2023, all senior managers in the Division
and the ‘back to basics’ training that followed,
gathered in Magaliesburg to devise a plan to
built capacity and sustainable relationships within
streamline the process of investigating and
the criminal justice system, which have resulted
prosecuting financial crimes and corruption. Several
in improved service delivery to the people of the
resolutions were agreed upon in what has been
North West.
named the ‘Magalies Accord’.
Another highlight over the past five years has been
the capacitation of the DPP’s office and the OCC,
SCCU and AFU specialist components within the
region, as well as improved working relationships
with key partners.
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The DPP has oversight on and closely monitors the Performance
operations of the regional AFU, which has become The Division is known for being a leader in achieving
a meaningful tool in the fight against crime since its performance targets and the last two years were
2022. The AFU obtained 26 freezing orders to the not any different. The Business Intelligence tool
value of R33 989 931 and 19 forfeiture orders to the is used to monitor performance and comparison
value of R5 205 446. The AFU is now adjusting its sheets have been created to allow prosecutors
strategy to ensure that it focusses on cases that to analyse their courts’ performance and identify
have a high impact, particularly in corruption- courts with challenges. Each cluster has a priority list
related cases. of cases for their courts and these lists are updated
In March 2024, the National Head of the DPCI monthly so case progression can be followed until
issued a Certificate of Achievement for Excellent finalisation.
Performance as the Best Project Investigation Team The Division actively participates in stakeholder
to Adv. Rodger Mareume, who is a Senior State engagements, including DEEC, REEC and PEEC,
Advocate with the OCC in the office of the DPP. The where blockages are identified, and mitigation
award relates to an organised crime project named plans agreed upon.
Project Caracal, which involved illegal chrome
The regional Governance Team has a hands-on
mining and money laundering at Tlhatlhaganyane
approach and monitors performance at a Divisional
Village. The accused are descendants of the
level but also on cluster and office levels. Trends
original landowners, but Batlhako Minerals holds
are identified and communicated with the regional
a mining license for this land. The accused invited
management team to find solutions.
people to mine on their property and then sold the
chrome to various wash plants. During the arrest of Regular Senior Public Prosecutor Forum meetings
the accused, property worth an estimated R100m interrogate the performance of each sub-cluster,
was seized. and managers are expected to submit action plans
to address inadequate performance. The Forum
Key challenges
holds the managers accountable but also offers an
Continued loadshedding and the inability of the
opportunity to share knowledge within the cluster.
Department of Public Works to provide alternative
The monthly performance report is shared with all
energy sources like generators and solar energy
staff in the region.
hampered service delivery and contributed to
lost court hours. The region is struggling to bring Community prosecution:
backlogs under control. Prosecutors were advised The CPI is used to prioritise identified crime
to work around the loadshedding schedules by types that plague local communities. The three
doing chamber and administrative work during community prosecution sites in the clusters focus
loadshedding and court work when the electricity on combating and preventing stock theft, GBVF
was restored. and drug-related offences. Stock theft poses a
The Division was just beginning to reap the gains of serious threat to households as it has become more
the capacitation drive within the NPA but has been widespread, organised and violent. The community
unable to fill positions, including all three Chief prosecutors addressing stock theft have managed to
Prosecutor posts in the Division, due to cost cutting unite farmers – commercial farmers, stud breeders
measures. The outreach programmes are affected and emerging farmers address their public safety
by budget restrictions and the CPI is hamstrung. concerns at farm forums. The local communities of
Potchefstroom (Ikageng) and Orkney (Kanana) are
In-person visits to courts by managers to motivate grappling with GBV, drugs and substance abuse,
prosecutors and conduct in-house training is also and the community prosecutors have been working
negatively impacted by the cost cutting measures. with the community to find solutions.
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Service delivery improvement: Training

The region is constantly seeking ways to improve ‘Back to basics’ training took place across the
service delivery. This has resulted in the rejuvenation province, with sessions in Mmabatho, Vryburg,
of the court preparation programme to support the Potchefstroom, Klerksdorp, Rustenburg and Ga-
witnesses and victims of crime. Rankuwa. These sessions were attended by both
prosecutors and members of SAPS and DPCI,
Communication
creating the space for shared learning that should
The region has created and expanded their media
translate into improved court performance. The
database to ensure effective communication.
diverse topics included dealing with specific crime
The media is updated on the progress of high-profile types (such as money laundering, racketeering
cases that attract interest and media enquiries are and cybercrime), investigative approaches (such
speedily dealt with. The region has developed a as forensic leads, photo identification and the
good working relationship with Aganang FM and psychology unit), ethics and the relationship
Mahikeng FM, and prosecutors are sometimes between prosecutors and investigating officers.
interviewed. A total of 26 media reports were issued
Staff morale and wellness
in the current reporting period.
Staff morale is high and there has been a concerted
Use of electronic systems and digitisation effort by regional management to ensure that staff
The region is utilising a Business Intelligence feel valued and appreciated
tool to monitor regional performance and inform
Budget
presentations made at various forums.
The Division has invested in training and workshops
Capacity aimed at bolstering the performance of employees
The regional establishment decreased over the on all levels. Essential goods and services have
past financial year, from 342 at the beginning of been procured and this has enabled the region to
the 2023/24 financial year to 313 at the end of the deliver on its mandate.
financial year. The vacancy rate is currently 9%.
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Western Cape
Key achievements Section 18 initiative:
Focused High Court prosecutions:
The Division has been the frontrunner for
The Division made a conscious decision, aligned prosecutors using the provisions of section 18 of
with the relevant crime trends, to prioritise the POCA. This is a speedy process whereby accused
prosecution of femicides, child murders and gang- persons are deprived of any benefit they derived
related matters in the High Court. This has resulted in from committing crime by obtaining a confiscation
many successful prosecutions for these crime types. order following the conviction of the accused.
There has also been some success in prosecuting Since 2011, prosecutors have moved 1 650
organised crime. Several individuals alleged to be applications to confiscate proceeds to the value
high-profile organised crime figures are currently of R123m. The proceeds were either paid to the
facing prosecution on a range of serious charges, victims of crime or into CARA. Table 25 sets out the
including contraventions of POCA. Division’s achievements in respect of this initiative.

Table 25: Section 18 orders, 2011 – March 2024

Cluster/Component Number of orders Value of orders
CPP Cape Town 355 R3 218 636.96
CPP Bellville 438 R6 659 077.73
CPP Wynberg 102 R342 203.65
CPP Mitchells Plain 299 R1 725 739.91
CPP George 120 R1 433 728.88
DPP SCCU 93 R24 244 733.48
DPP STU 14 R21 594 140.78
DPP OCC 202 R60 161 376.86
DPP Gen Pros 27 R4 142 500.14
Total 1 650 R123 522 138.39
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DPP Magistrates’ Courts’ footprint:

In response to the threat of organised crime, a dedicated OCC was established in the office of the DPP. A STU
was also established to deal with complex tax prosecutions. The prosecutors of these components conduct
almost all their prosecutions in the Magistrates’ Courts.
Plea and sentence agreements:
The Division has focused on plea and sentence agreements to finalise cases speedily and address backlogs.
There are checks and balances to ensure that the process is not abused, and the utilisation of these
agreements is closely monitored.
Table 26 sets out the number of plea and sentence agreements concluded in the Division for the period
2019/20 to 2023/24.
Table 26: Plea and sentence agreements, 2019/20 – 2023/24

Mitchells
Period Bellville Cape Town George Plain Wynberg High Court Total
2019/20 1 055 399 50 137 322 16 1 979
2020/21 525 225 30 63 144 17 1 004
2021/22 636 275 27 114 251 12 1 315
2022/23 762 322 40 108 155 16 1 403
2023/24 1 213 266 57 126 279 14 1 955
Totals 4 191 1 487 204 548 1 151 75 7 656

Rejuvenation of sexual offences prosecutors: hoped-for results. However, several lessons were
The Division has a committee comprised of cluster learned that will assist in shaping the next iteration
nodal points and a DDPP that oversees the work of of the initiative.
sexual offences prosecutors. SOCA and SAPS are Managing case backlogs:
also represented on the committee. The committee
At the end of February 2024, the Regional Courts
conducted a review of the Division’s capabilities
had a backlog of 49%, with 10 224 cases on the
to address sexual offences and one of their
outstanding court roll. To curb possible delays from
recommendations was to debrief sexual offences’
the NPA, the DPP issued a directive that no trial can
prosecutors to address prosecutor fatigue.
be postponed because the prosecutor is not ready
Expansion of the DPP’s office to the southern Cape: on the trial date.
An important development over the last few years The DPP addressed the Regional Court Magistrates
has been the appointment of prosecutors attached Coordinators Forum and appealed to them to
to the SCCU and OCC in the southern Cape. These assist in managing cases on their court rolls. The
appointments have broadened the footprint of DPP called on them to apply a differentiated case
the specialist units in the province and provided management strategy to ensure that the oldest
dedicated support to the DPCI office in George. cases were attended to first, and to use a continuous
Key challenges roll to facilitate the speedy finalisation of cases. The
Addressing priority crimes: Regional Court President supports this proposal and
pilot sites will be identified to implement the model.
In collaboration with SAPS, the Division identified
priority crimes that required special focus.
Unfortunately, this initiative has not yielded the
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Performance the DPP developed an Administrative System
Community prosecutions: that assists with capturing, storing, retrieving and
tracking the operational movements of decision
The Division has two operational sites:
dockets enrolled for prosecution. This is an effective
• Browns Farm – with a focus on GBV and alcohol-
tool that contributes to the number of decision case
related offences
dockets dealt with in the reporting period.
• Delft – with a focus on domestic violence and
• Electronic Statistics Dashboard: performance
access to interdicts.
information plays a pivotal role in revealing how
The Division also participates in the Area Based well an institution is meeting its objectives. The
Teams initiative, which is led at a local level by SAPS DPP developed a performance information
and is part of the Safety Plan of the Western Cape monitoring tool that collects monthly statistics
Provincial Government. This is a community-based against indicators. The information is collected from
initiative aimed at maximising collective impact clusters and fed into a central repository, where it
through a whole-of-society approach in which all local is analysed and then presented to management to
role players work together to achieve the objectives of inform decision making and provide accountability
the Safety Plan. The initiative has the same objectives to oversight bodies and the public.
as the NPA’s CPI but provides access to a broader
Capacity
footprint, with government and non-governmental
The Division’s establishment stands at 722 posts
actors and stakeholders increasing its impact.
with 64 vacancies (8.8%).
Service delivery improvement:
While there is currently a moratorium on filling
Service delivery improvement is an ongoing theme vacancies, there has been a significant improvement
in the Division and forms part of the daily activities in the Division’s capacity compared to 1 April 2019
of the management team in the Magistrates’ Courts. – the staff establishment has increased by 38.5%,
To this end, the witness liaison initiative was from 521 to 722 posts, over this period.
implemented on 1 November 2023. The Division Staff morale and wellness
constituted a team under the leadership of a Chief
A committee representing all sectors in the
Prosecutor to explore solutions to the perennial
Division has been constituted to address staff
problem of effective communication with witnesses
morale. This committee has been charged with
and complainants. The proposed solution is
the responsibility of identifying various initiatives
to implement a text message communication
and activities to improve staff morale. The DPP has
system that augments the organisation’s ability to
also made a concerted effort to visit the clusters to
communicate effectively. Taking responsibility for
interact with staff.
such a communications system will have obvious
advantages for the NPA. Budget
The Division was allocated a budget of R558.6m for
The project has been implemented in the Regional
the 2023/24 financial year. The actual expenditure
Courts and is limited to specific crime types. It has
against budget exceeded the baseline allocation by
experienced some teething problems, including
R30.2m (5% overspend). The overspend was under
technical difficulties. However, valuable user
Compensation of Employees and it is attributed
feedback will assist in enhancing the project’s
to the initial under allocation of the requested
implementation. An evaluation of the initiative will
Compensation of Employees’ budget.
be conducted in 2024.
The Division did encounter operational challenges
Use of electronic systems and digitisation
in resourcing some of the offices and courts across
The Division uses two electronic systems to manage
the province due to the implementation of cost
and improve performance:
containment measures. However, it was still able to
• Administrative System: towards the realisation of attain high levels of service delivery as reflected in
the victim centric services outcome of the NPA, its performance information.
National Prosecuting Authority South Africa
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APPENDICES
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APPENDICES

2023/24 Annual Report

National Prosecuting Authority South Africa
COMPOSITION OF STRUCTURES and to find ways to jointly address these. At the
lowest level, the local Case Flow Management
Advisory Panel meetings are used for more operational discussions
A national panel of persons with extensive monthly and, where required, some aspects may
experience in the investigation or prosecution of be escalated to the PEEC held quarterly. Progress
complex commercial crime or corruption or have reports are also provided annually to the NEEC
expertise in asset forfeiture or other relevant fields chaired by the Chief Justice.
who can be called upon to provide advice, make
suggestions and offer guidance regarding complex Counter Terrorism Functional
commercial crime or corruption cases presented Committee and its sub-committees
to the panel by prosecutors and investigators. The A multi-disciplinary committee comprising of
panel was established as an output of the Integrated PCLU, DPCI: CATS, SSA, SAPS CI, FIC, Defence
Task Force and focusses on commercial crime and Intelligence, DIRCO, the Department of Home
corruption cases. It is convened by the head of the Affairs, etc. The role of the CTFC is to ensure that
SCCU upon request. Prosecutors and prosecution all issues relating to terrorism and terror financing
or investigating teams present their cases to the are addressed. The CTFC also ensures that all FATF
panel and are advised on various aspects relating obligations and recommendations are attended to
to investigation and prosecution, including further and addressed.
investigation, possible charges and reviewing
indictments and chargesheets. District Efficiency Enhancement
Committee
Anti-Corruption Task Team The DEEC is a judiciary-led structure aimed at
The ACTT was a collaborative effort between improving efficiency in the District Courts within a
stakeholders to deal with the investigation and province. Issues that it is unable to resolve relating
prosecution of serious and complex cases of to case flow management are escalated to the
corruption. The case management committee PEEC. The DEEC is comprised of the relevant
consisted of members from various institutions stakeholders, including Chief Prosecutors or other
including the DPCI, SIU, FIC, NPA, National Treasury representatives from the NPA.
and DPSA. As well as monitoring cases on a Priority
List, the ACTT Executive Committee also tracks DPP Case Management meetings
the progress of foreign bribery cases, unexplained The DPP Case Management meeting was
wealth, risk management, integrated resource established as a collaborative forum to oversee
planning and strategic matters related to COVID-19 the management of NPS’ high impact cases in the
procurement corruption. This structure was specialist components and/or units. Enhancing the
dissolved with the establishment of the NPCOC. skills of specialist resources and support in training
Serious corruption has now been incorporated as and development is also high on the agenda. This
one of three streams within the NPCOC, alongside meeting is convened in tandem with the NOMM
the organised crime and serious commercial crime and the composition of the members are the same
streams. as NOMM.

Case Flow Management meetings DPP Environmental Working Group

Case Flow Management meetings are comprised The DPP Environmental Working Group was
of representatives from the NPA, Legal Aid South established in September 2022 and has since met
Africa, the judiciary and court administration (the on a biannual basis. The objectives of this Working
DoJ&CD or the Office of the Chief Justice). They may Group include, inter alia, sharing best practice in
also include, inter alia, SAPS and the Department the investigation and prosecution of environmental
of Correctional Services. These meetings are crime, addressing challenges, proposing legislative
convened at the local level to identify blockages and amendments and discussing and initiating the
contributing factors to poor courts performance, centralisation of cross-border cases to ultimately
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2023/24 Annual Report

ensure more effective and successful prosecutions. Integrated Task Force

In addition, real time information pertaining to The Integrated Task Force was established
arrests is shared, which significantly enhances to coordinate and prioritise the responses of
collaboration between prosecutors and law the relevant law enforcement agencies to the
enforcement agencies. recommendations of the Zondo Commission. The
members of the Integrated Task Force include the
Financial Action Task Force
DPCI, SIU, FIC, SARS and the relevant components
FATF is the global money laundering and terrorist of the NPA (AFU, ID, SCCU, STU, NPS Ops and
financing watchdog. The inter-governmental body relevant DPPs).
sets international standards that aim to prevent
money laundering and terror financing activities While the ID was established to, inter alia, lead
and the harm they cause to society. As a policy- the investigation and prosecution of any unlawful
making body, FATF works to generate the necessary activities identified by the Zondo Commission,
political will to bring about national legislative and some matters were already being investigated by
regulatory reforms in these areas. DPCI and SIU. The Integrated Task Force brings the
relevant entities together to ensure that matters
With more than 200 countries and jurisdictions arising from the Zondo Commission are speedily
committed to implementing them, FATF has dealt with, duplication of efforts is avoided and
developed recommendations or standards progress on investigations and prosecutions is
that ensure a co-ordinated global response to monitored.
preventing organised crime, corruption and
terrorism. They help authorities target the money of International Association of Prosecutors
criminals dealing in illegal drugs, human trafficking The International Association of Prosecutors, the
and related crimes. FATF also works to stop funding only worldwide organisation of prosecutors, was
for weapons of mass destruction. established in 1995 at the UN offices in Vienna.
FATF reviews money laundering and terrorist It is comprised of more than 183 organisational
financing techniques and continuously strengthens members from over 177 different countries, as well
its standards to address new risks, such as the as many individual members. The main impetus
regulation of virtual assets, which have spread as leading to its formation was the rapid global growth
cryptocurrencies gain popularity. FATF monitors of serious transnational crime, particularly drug
countries to ensure they implement FATF standards trafficking, money laundering and fraud.
fully and effectively and holds countries that do not
comply to account.
International Cooperation Component
The International Cooperation Component is
Fusion Centre responsible for the management and coordination of
In 2020, the ACTT established a Fusion Centre. incoming and outgoing requests for extradition and
The Fusion Centre was formed by the SIU, DPCI MLA. With its objective being efficient coordination
and NPA as a coordination point and key resource of requests for international cooperation in
centre for dealing with all corruption-related criminal matters and continuously working towards
cases and other illicit activities associated with the enhancing collaboration and cooperation, the
COVID-19 pandemic. The aims are: i) to ensure Component participates in a number of national
prompt coordinated action by said enforcement and international fora, inter alia: i) interdepartmental
agencies to expedite the investigation, prosecution meetings coordinated by DIRCO, DPSA and the
and recovery of assets; and ii) to provide an DoJ&CD; ii) Interdepartmental Committee on MLA
immediate response by law enforcement and and Extradition coordinated by the DoJ&CD; iii)
corruption-fighting agencies to cases or incidents Interdepartmental Working Group on the FATF
of corruption, fraud, abuse or maladministration Mutual Evaluation Report coordinated by the FIC;
related to COVID-19 procurement irregularities. iv) meetings with counterparts from other countries
on invitation and in conjunction with the DoJ&CD,
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DIRCO and the DPSA or the FIC; and iv) UN meetings National Efficiency Enhancement
that pertain to international cooperation. Committee
The NEEC was established by the judiciary and
Missing Persons Task Team
is chaired by the Chief Justice. The NEEC’s
The MPTT was established in the NPA in 2005 in terms
primary objective is to ensure the efficiency and
of the approved recommendations in the TRC Final
effectiveness of the courts. The NEEC identifies
Report, which stated that government should set
challenges that undermine efficiency and employs
up a Task Team to trace the fate and whereabouts of
its collective wisdom behind closed doors to find
persons who disappeared in political circumstances
solutions without compromising the Constitution
between 1960 and 1994. The MPTT is a small multi-
and the law. The NEEC is comprised of the Chief
disciplinary team that uses archaeology, forensic
Justice, President of the Supreme Court of Appeal,
anthropology, historical research and DNA testing,
Judge President of the Gauteng Division of the
and works closely with other relevant government
High Court, Judge President of the Northern Cape
departments and organisations. The MPTT aims
High Court, a judge representing the Judicial
to recover the remains of the disappeared for their
Case Management Committee, Regional Court
families or to facilitate symbolic reburials where
Presidents, National Commissioners of SAPS and
remains cannot be recovered. The MPTT has
Correctional Services, Directors-General of the
benefitted from training by the Equipo Argentino
Departments of Public Works, Justice, Health and
de Anthropologia Forense, better known as the
Social Development, the Chairperson and Chief
Argentine Forensic Anthropology Team, who first
Executive Officer of Legal Aid South Africa, the
applied forensic science to human rights cases of
Chief Executive Officer of the Road Accident Fund,
disappearances. The MPTT also has special projects
the NDPP and Head of the NPS, Chief Magistrates,
including the Gallows Exhumation Project, which
representatives of the Law Society of South Africa
involves tracing the remains of political prisoners
and the General Council of the Bar.
who were sentenced to death and executed, and
the Exile Repatriation Project. NPA Executive Committee
The ExCo of the NPA was established by the
National Operations Management
NDPP to tackle the high-level strategic matters
Meetings
of the organisation. It is comprised of the NDPP,
The NOMM was established to consider the DNDPPs and the Special Advisor to the NDPP.
NPA strategy, consider and agree on the Annual ExCo also leads the organisation’s preparedness for
Operational Plan for the NPS, and coordinate and accountability to the external environment, such as
oversee progress against such plans. The head of the media, parliament and the general public.
the NPS is the chairperson and the members include
all DPPs from the divisions, SDPPs responsible NPA Management Committee
for specialised units within the NPS, DDPPs in the The ManCo of the NPA was established to provide
NPS Head Office responsible for cross-cutting oversight and ensure delivery on key organisational
functional areas, the NPS Operations Management responsibilities. ManCo is meant to hold the NPA’s
component and the head of administration for the management accountable for setting operational
NPS Head Office. The NOMM identifies challenges, goals and ensuring delivery. ManCo is comprised
discusses and addresses issues, and develops of the NDPP, DNDPPs, SDPPs, DPPs and Chief
innovative solutions and responses to improve Directors.
efficiency, effectiveness and the performance of
the NPS. Members discuss matters affecting human Organisation for Economic Co-
and other resources and other operational and operation and Development
strategic matters that need to be resolved by units The OECD is an international organisation in which
outside of the NPS or to be escalated to ExCo or governments work together to find solutions to
ManCo. common challenges, develop global standards,
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Appendices – continued
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2023/24 Annual Report

share experiences and identify best practices to proper implementation of norms and standards;
promote better policies for better lives. South Africa and iii) the proper understanding and support of
became a partner of the OECD in 2007. case flow management. The Heads of Courts are
required to report on the progress of the PEECs to
Provincial Efficiency Enhancement the Chief Justice.
Committee
The PEEC is a judiciary-led structure aimed at Regional Efficiency Enhancement
improving case flow management in the provinces. Committee
The PEEC is comprised of relevant stakeholders, The REEC is a judiciary led structure aimed at
including the DPPs. The PEEC is mandated to improving efficiency in the Regional Courts within
enhance access to justice by ensuring, among a province. Issues that it is unable to resolve
others: i) the cooperation and commitment of all relating to case flow management are escalated
relevant stakeholders in the efficient and effective to the PEEC. The PEEC is comprised of relevant
adjudication of disputes in the courts; ii) the stakeholders, including the Chief Prosecutors or
other representatives from the NPA.
Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 94.9% = 130/137 90.8% = 89/98 94.6% = 139/147 93.4% = 114/122 90.9% = 110/121
Conviction rate in Regional courts 82.% = 3 047/3 716 83.2% = 2 013/2 419 81.3% = 2 748/3 380 84.4% = 3 044/3 608 82.6% = 2 887/3 495
Conviction rate in District courts 91.2% = 21 164/23 198 92.8% = 10 002/10 777 85.9% = 12 776/14 874 88.6% = 14 599/16 479 90.7% = 15 086/16 625
Conviction rate in murder prosecutions 76.3% = 342/448 cases 79.5% = 252/317 cases 77.8% = 385/495 cases 77.7% = 300/386 cases 83.9% = 687/819 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 97.% = 32/33 counts 96.1% = 73/76 counts 97.9% = 47/48 counts 91.2% = 135/148 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 95.5% = 21/22 counts 90.9% = 40/44 counts 97.4% = 37/38 counts 92.7% = 76/82 counts
prosecutions
Conviction rate in trio crimes 80.% = 144/180 79.6% = 90/113 77.2% = 122/158 83.7% = 123/147 78.6% = 165/210
Conviction rate in sexual offences 74.1% = 486/656 77.9% = 325/417 77.8% = 455/585 74.2% = 356/480 77.% = 845/1097
Conviction rate in complex commercial crime 94.2% = 81/86 85.7% = 42/49 90.8% = 79/87 93.2% = 68/73 93.7% = 59/63
Number of Government officials convicted for offence 12 3 6 4 21
related to corruption
Number of persons convicted of private sector 37 8 19 7 25
corruption
Conviction rate in complex tax cases 63.6% = 7/11 80.% = 12/15 100.0% = 9/9 75.% = 3/4 84.6% = 11/13
Number of cases finalised with verdict involving 13 5 11 8 3
money laundering
Number of prosecutions instituted involving money 0 0 11
laundering
Conviction rate in organised crime =/ 100.0% = 5/5 100.0% = 21/21 71.4% = 5/7 80.% = 12/15
Conviction rate in environmental crimes 98.5% = 64/65 98.9% = 92/93 97.6% = 121/124 95.7% = 22/23 88.% = 66/75
Conviction rate in cybercrime prosecutions 100.0% = 36/36 94.4% = 17/18 100.0% = 24/24 90.% = 9/10 100.0% = 6/6
PERFORMANCE OF REGIONS

Conviction rate in essential infrastructure 100.0% = 10/10 57.1% = 4/7 90.9% = 20/22 88.4% = 38/43 73.7% = 73/99
prosecutions
Conviction rate in cable theft 00.0% = 0/0 100.0% = 1/1 100.0% = 5/5 90.% = 9/10 82.4% = 98/119
Clearance ratio on decision dockets received 93.% = 99 580 93.4% = 105 022 92.% = 99 165 92.1% = 100 279 93.2% = 104 803
dealt with dealt with dealt with dealt with dealt with
Applied filters:
Excluded (8) Percentage of TRC reviews concluded (Strategic objective), Decisions made in Priority Corruption cases older than five years (Strategic objective), Number of
new operational TCC’s by end of the year (Strategic objective), Twenty-two community prosecution initiatives implemented, monitored and evaluated (Nationally) (Strategic
objective), ENE All Corruption (Strategic objective), Number of new Thuthuzela Care Centres Established (Strategic objective), Conviction rate in femicide prosecutions
(Strategic objective), Conviction rate in murder intimate partner femicide prosecutions (Strategic objective). FiscalYear is FY2020/21, FY2021/22, FY2022/23, FY2023/24,
or FY2019/20 NEW DIVISION is ECD.
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 National Prosecuting Authority South Africa
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FREE STATE DIVISION

Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 93.2% = 55/59 90.6% = 48/53 86.4% = 57/66 84.1% = 58/69 88.4% = 61/69
Conviction rate in Regional courts 81.7% = 1 619/1 981 79.2% = 1 022/1 291 77.7% = 1 237/1 593 79.% = 1 230/1 557 80.% = 1 392/1 741
Conviction rate in District courts 96.8% = 24 174/24 976 97.7% = 20 094/20 574 96.7% = 21 249/21 964 95.7% = 18 925/19 766 96.5% = 21 405/22 190
Conviction rate in murder prosecutions 80.9% = 280/346 cases 83.3% = 194/233 cases 79.9% = 207/259 cases 79.3% = 203/256 cases 82.3% = 200/243 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 85.4% = 35/41 counts 96.2% = 51/53 counts 92.2% = 47/51 counts 90.7% = 49/54 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 86.5% = 32/37 counts 95.2% = 40/42 counts 90.9% = 30/33 counts 94.4% = 34/36 counts
prosecutions
Conviction rate in trio crimes 86.4% = 114/132 91.5% = 54/59 80.6% = 50/62 82.9% = 68/82 85.5% = 59/69
Conviction rate in sexual offences 75.5% = 465/616 70.2% = 266/379 71.4% = 419/587 72.2% = 447/619 71.4% = 384/538
Appendices – continued

Conviction rate in complex commercial crime 90.4% = 47/52 94.3% = 33/35 100.0% = 22/22 83.9% = 26/31 80.% = 28/35
Number of Government officials convicted for offence 41 13 28 38 29
related to corruption
Number of persons convicted of private sector 22 30 34 45 58
corruption
Conviction rate in complex tax cases 80.% = 4/5 100.0% = 12/12 100.0% = 25/25 100.0% = 13/13 100.0% = 12/12
Number of cases finalised with verdict involving 5 4 7 13 5
money laundering
Number of prosecutions instituted involving money 0 0 9
laundering
Conviction rate in organised crime =/ 100.0% = 35/35 80.% = 4/5 100.0% = 2/2 100.0% = 2/2
Conviction rate in environmental crimes 98.% = 100/102 90.3% = 65/72 96.6% = 57/59 93.9% = 155/165 97.6% = 205/210
Conviction rate in cybercrime prosecutions 94.4% = 17/18 100.0% = 5/5 100.0% = 10/10 50.% = 1/2 100.0% = 3/3
Conviction rate in essential infrastructure 90.5% = 19/21 85.7% = 12/14 88.2% = 15/17 75.4% = 49/65 81.3% = 52/64
prosecutions
Conviction rate in cable theft 00.0% = 0/0 66.7% = 2/3 100.0% = 9/9 81.3% = 26/32 83.6% = 51/61
Clearance ratio on decision dockets received 99.4% = 78 610 99.3% = 77 869 99.7% = 100 780 99.7% = 87 305 99.5% = 90 461
dealt with dealt with dealt with dealt with dealt with
Applied filters:
Excluded (6) Percentage of TRC reviews concluded (Strategic objective), Decisions made in Priority Corruption cases older than five years (Strategic objective), Number of
new operational TCC’s by end of the year (Strategic objective), Twenty-two community prosecution initiatives implemented, monitored and evaluated (Nationally) (Strategic
objective), ENE All Corruption (Strategic objective), Number of new Thuthuzela Care Centres Established (Strategic objective). FiscalYear is FY2023/24, FY2022/23,
FY2021/22, FY2020/21, or FY2019/20 NEW DIVISION is FSD
GAUTENG DIVISION: PRETORIA
Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 88.1% = 74/84 98.% = 49/50 91.7% = 55/60 91.2% = 62/68 91.9% = 68/74
Conviction rate in Regional courts 85.2% = 2 079/2 440 86.2% = 1 299/1 507 83.9% = 1 452/1 731 84.5% = 1 633/1 933 83.8% = 1 540/1 837
Conviction rate in District courts 95.9% = 12 131/12 656 96.6% = 8 649/8 957 96.1% = 9 081/9 445 96.% = 11 956/12 452 96.3% = 12 640/13 130
Conviction rate in murder prosecutions 81.6% = 239/293 cases 79.4% = 150/189 cases 79.5% = 174/219 cases 79.2% = 205/259 cases 81.7% = 196/240 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 100.0% = 21/21 counts 83.3% = 20/24 counts 88.6% = 31/35 counts 100.0% = 29/29 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 100.0% = 15/15 counts 87.% = 20/23 counts 93.3% = 28/30 counts 97.2% = 35/36 counts
prosecutions
Conviction rate in trio crimes 79.6% = 168/211 78.2% = 86/110 81.3% = 87/107 82.6% = 114/138 80.5% = 103/128
Conviction rate in sexual offences 74.4% = 297/399 77.2% = 179/232 75.2% = 246/327 77.2% = 294/381 77.5% = 306/395
Conviction rate in complex commercial crime 91.6% = 131/143 93.8% = 45/48 98.4% = 60/61 88.9% = 80/90 90.5% = 38/42
Number of Government officials convicted for offence 14 5 4 11 4
related to corruption
Number of persons convicted of private sector 30 11 12 8 16
corruption
Conviction rate in complex tax cases 100.0% = 4/4 100.0% = 4/4 80.% = 4/5 100.0% = 11/11 90.9% = 10/11
Number of cases finalised with verdict involving 10 9 8 12 14
money laundering
Number of prosecutions instituted involving money 0 10
laundering
Conviction rate in organised crime =/ 100.0% = 8/8 100.0% = 10/10 92.9% = 13/14 88.9% = 8/9
Conviction rate in environmental crimes 100.0% = 7/7 100.0% = 7/7 90.9% = 10/11 87.5% = 7/8 87.5% = 7/8
Conviction rate in cybercrime prosecutions 100.0% = 67/67 100.0% = 4/4 100.0% = 10/10 100.0% = 5/5 100.0% = 8/8
Conviction rate in essential infrastructure 78.8% = 67/85 90.6% = 58/64 81.6% = 93/114 80.3% = 98/122 77.9% = 120/154
prosecutions
Conviction rate in cable theft 00.0% = 0/0 80.% = 24/30 83.% = 44/53 78.7% = 59/75 80.7% = 96/119
Clearance ratio on decision dockets received 82.4% = 94 575 81.1% = 89 844 91.% = 82 544 95.6% = 82 798 92.2% = 93 147
dealt with dealt with dealt with dealt with dealt with

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 National Prosecuting Authority South Africa
2023/24 Annual Report 140

GAUTENG LOCAL DIVISION: JOHANNESBURG

Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 93.2% = 137/147 95.2% = 80/84 92.1% = 82/89 89.8% = 114/127 91.% = 101/111
Conviction rate in Regional courts 82.9% = 3 380/4 079 83.7% = 1 643/1 964 79.2% = 2 201/2 778 81.5% = 2 341/2 874 82.3% = 2 339/2 844
Conviction rate in District courts 94.1% = 16 334/17 358 95.1% = 7 375/7 754 90.8% = 7 230/7 961 94.6% = 13 271/14 026 95.7% = 16 917/17 676
Conviction rate in murder prosecutions 80.9% = 288/356 cases 76.8% = 149/194 cases 71.2% = 190/267 cases 79.5% = 264/332 cases 79.4% = 293/369 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 95.7% = 22/23 counts 100.0% = 26/26 counts 95.9% = 47/49 counts 94.% = 47/50 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 87.5% = 14/16 counts 100.0% = 22/22 counts 94.6% = 35/37 counts 93.8% = 30/32 counts
prosecutions
Conviction rate in trio crimes 78.2% = 201/257 89.3% = 109/122 79.% = 162/205 77.8% = 147/189 79.5% = 151/190
Conviction rate in sexual offences 71.9% = 314/437 74.4% = 125/168 66.% = 217/329 69.8% = 247/354 69.4% = 277/399
Appendices – continued

Conviction rate in complex commercial crime =/ =/ =/ =/ =/

Number of Government officials convicted for offence 20 4 12 11 19
related to corruption
Number of persons convicted of private sector 43 21 41 34 38
corruption
Conviction rate in complex tax cases 100.0% = 31/31 78.9% = 15/19 100.0% = 21/21 94.3% = 33/35 97.% = 32/33
Number of cases finalised with verdict involving 17 14 22 8 4
money laundering
Number of prosecutions instituted involving money 0 0 0 17
laundering
Conviction rate in organised crime =/ 100.0% = 36/36 96.% = 24/25 90.9% = 10/11 92.3% = 24/26
Conviction rate in environmental crimes 94.6% = 122/129 100.0% = 89/89 100.0% = 54/54 98.% = 98/100 97.7% = 128/131
Conviction rate in cybercrime prosecutions 98.8% = 84/85 100.0% = 26/26 95.1% = 39/41 100.0% = 4/4 75.% = 6/8
Conviction rate in essential infrastructure 75.2% = 94/125 92.9% = 52/56 69.9% = 95/136 74.4% = 122/164 66.5% = 107/161
prosecutions
Conviction rate in cable theft 00.0% = 0/0 88.5% = 23/26 90.5% = 38/42 89.6% = 103/115 80.2% = 69/86
Clearance ratio on decision dockets received 95.2% = 139 023 94.4% = 123 508 91.3% = 107 363 91.6% = 112 129 98.1% = 118 433
dealt with dealt with dealt with dealt with dealt with
KWAZULU-NATAL DIVISION
Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 85.2% = 115/135 93.3% = 56/60 85.7% = 78/91 89.6% = 95/106 90.8% = 118/130
Conviction rate in Regional courts 80.3% = 2 467/3 071 79.8% = 1 673/2 020 77.8% = 2 088/2 683 80.8% = 2 015/2 494 81.9% = 2 223/2 713
Conviction rate in District courts 96.% = 27 257/28 407 96.6% = 15 263/15 806 94.7% = 16 030/16 931 95.% = 18 131/19 089 94.9% = 18 924/19 945
Conviction rate in murder prosecutions 80.4% = 653/812 cases 80.9% = 411/508 cases 75.3% = 577/766 cases 81.% = 608/751 cases 84.3% = 594/705 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 96.9% = 31/32 counts 89.2% = 66/74 counts 94.8% = 91/96 counts 90.9% = 70/77 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 96.4% = 27/28 counts 92.9% = 65/70 counts 98.6% = 70/71 counts 91.8% = 56/61 counts
prosecutions
Conviction rate in trio crimes 86.7% = 326/376 85.3% = 185/217 82.3% = 260/316 84.8% = 223/263 87.4% = 208/238
Conviction rate in sexual offences 71.9% = 679/944 74.8% = 369/493 70.6% = 505/715 71.5% = 449/628 70.7% = 566/801
Conviction rate in complex commercial crime 93.9% = 92/98 91.9% = 34/37 84.% = 42/50 88.4% = 38/43 97.% = 32/33
Number of Government officials convicted for offence 35 15 23 13 15
related to corruption
Number of persons convicted of private sector 10 11 11 16 21
corruption
Conviction rate in complex tax cases 95.7% = 22/23 100.0% = 14/14 100.0% = 20/20 92.9% = 13/14 100.0% = 17/17
Number of cases finalised with verdict involving 13 10 12 8 8
money laundering
Number of prosecutions instituted involving money 0 9
laundering
Conviction rate in organised crime =/ 66.7% = 6/9 91.7% = 22/24 82.4% = 14/17 90.9% = 20/22
Conviction rate in environmental crimes 93.3% = 56/60 89.7% = 35/39 91.7% = 22/24 100.0% = 26/26 94.6% = 35/37
Conviction rate in cybercrime prosecutions 98.2% = 56/57 100.0% = 16/16 94.3% = 33/35 90.9% = 10/11 100.0% = 16/16
Conviction rate in essential infrastructure 100.0% = 19/19 96.7% = 29/30 93.7% = 59/63 83.3% = 75/90 82.1% = 92/112
prosecutions
Conviction rate in cable theft 00.0% = 0/0 00.0% = 0/0 66.7% = 2/3 75.% = 12/16 75.% = 6/8
Clearance ratio on decision dockets received 92.9% = 120 600 93.1% = 102 531 93.8% = 105 008 95.3% = 112 216 97.% = 114 107
dealt with dealt with dealt with dealt with dealt with

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 National Prosecuting Authority South Africa
2023/24 Annual Report 142

LIMPOPO DIVISION
Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 89.6% = 103/115 90.6% = 77/85 87.4% = 83/95 85.7% = 126/147 87.1% = 88/101
Conviction rate in Regional courts 70.4% = 814/1 156 68.8% = 718/1 043 70.6% = 702/994 72.4% = 726/1 003 71.8% = 800/1 114
Conviction rate in District courts 95.3% = 18 264/19 184 94.9% = 13 914/14 661 93.5% = 12 208/13 058 94.4% = 14 069/14 902 95.1% = 15 419/16 216
Conviction rate in murder prosecutions 71.6% = 141/197 cases 74.2% = 132/178 cases 69.% = 118/171 cases 73.2% = 186/254 cases 73.1% = 177/242 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 90.9% = 10/11 counts 100.0% = 20/20 counts 97.2% = 35/36 counts 81.8% = 18/22 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 88.9% = 8/9 counts 100.0% = 14/14 counts 94.3% = 33/35 counts 91.7% = 33/36 counts
prosecutions
Conviction rate in trio crimes 66.7% = 44/66 91.3% = 63/69 86.1% = 68/79 78.8% = 78/99 81.7% = 89/109
Conviction rate in sexual offences 62.1% = 223/359 56.5% = 174/308 57.8% = 155/268 59.2% = 184/311 55.9% = 223/399
Appendices – continued

Conviction rate in complex commercial crime 100.0% = 1/1 =/ 89.5% = 17/19 71.9% = 23/32 92.% = 23/25
Number of Government officials convicted for offence 9 6 5 13 6
related to corruption
Number of persons convicted of private sector 6 5 7 12 16
corruption
Conviction rate in complex tax cases 83.3% = 5/6 00.0% = 0/0 100.0% = 1/1 96.8% = 30/31 100.0% = 52/52
Number of cases finalised with verdict involving 0 1 0 3 1
money laundering
Number of prosecutions instituted involving money 0 0 6
laundering
Conviction rate in organised crime =/ =/ 100.0% = 1/1 100.0% = 18/18 94.3% = 50/53
Conviction rate in environmental crimes 92.% = 23/25 81.3% = 13/16 85.7% = 18/21 87.5% = 14/16 96.4% = 53/55
Conviction rate in cybercrime prosecutions 100.0% = 1/1 00.0% = 0/0 00.0% = 0/0 100.0% = 3/3 100.0% = 1/1
Conviction rate in essential infrastructure 100.0% = 1/1 85.7% = 6/7 87.5% = 7/8 33.3% = 1/3 80.% = 28/35
prosecutions
Conviction rate in cable theft 00.0% = 0/0 00.0% = 0/0 00.0% = 0/0 00.0% = 0/0 100.0% = 4/4
Clearance ratio on decision dockets received 95.3% = 39 050 97.2% = 44 720 90.% = 41 257 81.1% = 39 419 86.8% = 41 809
dealt with dealt with dealt with dealt with dealt with
MPUMALANGA DIVISION
Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 87.9% = 58/66 97.3% = 72/74 93.1% = 81/87 84.6% = 55/65 94.6% = 70/74
Conviction rate in Regional courts 83.5% = 1 290/1 545 80.1% = 846/1 056 78.3% = 980/1 251 82.6% = 919/1 112 81.2% = 979/1 205
Conviction rate in District courts 95.1% = 12 419/13 063 95.4% = 8 670/9 085 94.9% = 8 435/8 888 95.9% = 8 583/8 948 95.7% = 8 626/9 017
Conviction rate in murder prosecutions 73.7% = 174/236 cases 72.1% = 145/201 cases 75.9% = 195/257 cases 78.1% = 150/192 cases 75.3% = 146/194 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 95.% = 19/20 counts 100.0% = 23/23 counts 96.3% = 26/27 counts 100.0% = 28/28 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 96.2% = 25/26 counts 100.0% = 28/28 counts 94.4% = 17/18 counts 100.0% = 26/26 counts
prosecutions
Conviction rate in trio crimes 82.1% = 64/78 86.7% = 52/60 75.% = 48/64 83.1% = 54/65 86.3% = 44/51
Conviction rate in sexual offences 80.2% = 349/435 76.3% = 213/279 70.1% = 260/371 77.% = 198/257 71.2% = 235/330
Conviction rate in complex commercial crime 100.0% = 8/8 91.7% = 11/12 25.% = 1/4 100.0% = 17/17 90.9% = 20/22
Number of Government officials convicted for offence 7 5 1 6 10
related to corruption
Number of persons convicted of private sector 8 14 25 17 23
corruption
Conviction rate in complex tax cases 100.0% = 11/11 100.0% = 2/2 100.0% = 6/6 100.0% = 5/5 100.0% = 13/13
Number of cases finalised with verdict involving 0 0 1 2 1
money laundering
Number of prosecutions instituted involving money 0 0 0 12
laundering
Conviction rate in organised crime =/ 100.0% = 3/3 =/ 100.0% = 46/46 96.6% = 57/59
Conviction rate in environmental crimes 98.% = 288/294 98.% = 287/293 96.8% = 244/252 96.% = 238/248 98.3% = 177/180
Conviction rate in cybercrime prosecutions 100.0% = 2/2 100.0% = 3/3 100.0% = 1/1 100.0% = 1/1 100.0% = 6/6
Conviction rate in essential infrastructure 91.7% = 11/12 71.4% = 10/14 94.4% = 17/18 89.4% = 42/47 87.3% = 48/55
prosecutions
Conviction rate in cable theft 00.0% = 0/0 59.3% = 16/27 100.0% = 20/20 92.6% = 25/27 95.% = 19/20
Clearance ratio on decision dockets received 99.2% = 77164 99.8% = 76 533 96.% = 69 418 89.7% = 67 160 89.3% = 69 924
dealt with dealt with dealt with dealt with dealt with

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 National Prosecuting Authority South Africa
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NORTHERN CAPE DIVISION

Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 97.0% = 32/33 100.0% = 19/19 94.1% = 16/17 94.4% = 17/18 100.0% = 18/18
Conviction rate in Regional courts 82.9% = 689/831 85.% = 577/679 82.1% = 623/759 81.5% = 666/817 80.2% = 690/861
Conviction rate in District courts 92.6% = 5 060/5 462 91.8% = 3 167/3 450 91.6% = 3 313/3 616 94.2% = 3 755/3 987 94.3% = 3 888/4 123
Conviction rate in murder prosecutions 85.7% = 132/154 cases 84.9% = 118/139 cases 82.4% = 126/153 cases 81.2% = 125/154 cases 78.5% = 150/191 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 95.5% = 21/22 counts 100.0% = 21/21 counts 100.0% = 18/18 counts 94.7% = 18/19 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 95.% = 19/20 counts 100.0% = 22/22 counts 100.0% = 17/17 counts 100.0% = 16/16 counts
prosecutions
Conviction rate in trio crimes 62.5% = 10/16 76.2% = 16/21 70.8% = 17/24 93.8% = 15/16 93.8% = 15/16
Conviction rate in sexual offences 76.3% = 174/228 81.4% = 166/204 79.7% = 153/192 83.3% = 199/239 75.4% = 196/260
Appendices – continued

Conviction rate in complex commercial crime 95.5% = 21/22 75.% = 6/8 100.0% = 16/16 100.0% = 19/19 85.% = 17/20
Number of Government officials convicted for offence 8 9 9 13 12
related to corruption
Number of persons convicted of private sector 7 12 12 17 12
corruption
Conviction rate in complex tax cases 100.0% = 1/1 00.0% = 0/0 100.0% = 1/1 100.0% = 3/3 87.5% = 7/8
Number of cases finalised with verdict involving 0 0 2 19 8
money laundering
Number of prosecutions instituted involving money 0 0 0 14
laundering
Conviction rate in organised crime =/ 100.0% = 24/24 100.0% = 50/50 98.4% = 61/62 100.0% = 50/50
Conviction rate in environmental crimes 100.0% = 13/13 100.0% = 9/9 80.% = 4/5 82.4% = 14/17 97.6% = 40/41
Conviction rate in cybercrime prosecutions 100.0% = 11/11 100.0% = 1/1 100.0% = 9/9 100.0% = 1/1 100.0% = 2/2
Conviction rate in essential infrastructure 00.0% = 0/0 100.0% = 1/1 83.3% = 5/6 90.% = 9/10 91.7% = 22/24
prosecutions
Conviction rate in cable theft 00.0% = 0/0 100.0% = 2/2 50.% = 1/2 100.0% = 6/6 100.0% = 11/11
Clearance ratio on decision dockets received 88.6% = 27 791 92.2% = 28 528 93.2% = 25 722 95.7% = 27 246 97.4% = 27 522
dealt with dealt with dealt with dealt with dealt with
NORTH WEST DIVISION
Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 94.4% = 17/18 95.2% = 20/21 90.% = 18/20 91.3% = 21/23 93.8% = 15/16
Conviction rate in Regional courts 81.4% = 1 279/1 571 85.% = 705/829 80.9% = 937/1 158 86.4% = 873/1 011 83.9% = 818/975
Conviction rate in District courts 96.8% = 9 790/10 109 98.3% = 5 513/5 607 96.6% = 5 562/5 758 96.4% = 6 477/6 716 96.6% = 7 981/8 258
Conviction rate in murder prosecutions 80.8% = 215/266 cases 83.3% = 115/138 cases 83.3% = 204/245 cases 83.% = 185/223 cases 85.7% = 156/182 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 100.0% = 16/16 counts 100.0% = 17/17 counts 86.1% = 31/36 counts 93.9% = 31/33 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 100.0% = 12/12 counts 90.9% = 10/11 counts 77.8% = 21/27 counts 89.5% = 17/19 counts
prosecutions
Conviction rate in trio crimes 84.6% = 77/91 91.7% = 44/48 82.7% = 67/81 85.5% = 53/62 84.5% = 49/58
Conviction rate in sexual offences 75.8% = 276/364 80.% = 152/190 72.2% = 184/255 83.7% = 180/215 73.% = 162/222
Conviction rate in complex commercial crime 88.2% = 15/17 91.7% = 11/12 80.% = 4/5 83.3% = 15/18 76.5% = 13/17
Number of Government officials convicted for offence 11 5 8 3 2
related to corruption
Number of persons convicted of private sector 3 1 7 2 1
corruption
Conviction rate in complex tax cases 100.0% = 8/8 100.0% = 7/7 100.0% = 11/11 100.0% = 4/4 100.0% = 5/5
Number of cases finalised with verdict involving 0 3 5 0 0
money laundering
Number of prosecutions instituted involving money 0
laundering
Conviction rate in organised crime =/ =/ =/ =/ 100.0% = 2/2
Conviction rate in environmental crimes 100.0% = 30/30 94.1% = 16/17 100.0% = 24/24 95.8% = 23/24 95.% = 19/20
Conviction rate in cybercrime prosecutions 88.9% = 16/18 100.0% = 8/8 100.0% = 4/4 100.0% = 2/2 00.0% = 0/0
Conviction rate in essential infrastructure 80.% = 8/10 71.4% = 10/14 100.0% = 24/24 78.8% = 26/33 82.6% = 19/23
prosecutions
Conviction rate in cable theft 00.0% = 0/0 85.7% = 12/14 95.5% = 21/22 95.2% = 20/21 93.2% = 55/59
Clearance ratio on decision dockets received 87.% = 35 072 85.4% = 34 395 96.3% = 33 607 95.6% = 33 072 89.6% = 29 861
dealt with dealt with dealt with dealt with dealt with

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 National Prosecuting Authority South Africa
2023/24 Annual Report 146

WESTERN CAPE DIVISION

Financial year FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/246
Actual Actual Actual Actual Actual
Strategic objective performance performance performance performance performance
Conviction rate in High courts 92.4% = 61/66 94.1% = 32/34 95.1% = 39/41 95.7% = 44/46 93.3% = 42/45
Conviction rate in Regional courts 86.% = 3 797/4 413 85.3% = 2 462/2 886 86.% = 2 922/3 397 85.6% = 3 373/3 940 83.2% = 3 146/3 786
Conviction rate in District courts 96.5% = 45 982/47 670 96.2% = 21 783/22 655 95.3% = 26 013/27 303 94.9% = 28 256/29 780 95.2% = 29 689/31 175
Conviction rate in murder prosecutions 81.2% = 518/638 cases 75.5% = 287/380 cases 79.1% = 378/478 cases 78.2% = 431/551 cases 73.2% = 407/556 cases
Conviction rate in femicide prosecutions 00.0% = 0/0 counts 100.0% = 16/16 counts 90.% = 45/50 counts 93.2% = 69/74 counts 89.% = 81/91 counts
Conviction rate in murder intimate partner femicide 00.0% = 0/0 counts 100.0% = 12/12 counts 86.7% = 26/30 counts 95.6% = 43/45 counts 89.1% = 49/55 counts
prosecutions
Conviction rate in trio crimes 84.7% = 172/203 88.7% = 94/106 88.1% = 140/159 84.6% = 121/143 86.5% = 122/141
Conviction rate in sexual offences 80.4% = 603/750 80.% = 375/469 81.4% = 503/618 75.1% = 538/716 73.6% = 600/815
Appendices – continued

Conviction rate in complex commercial crime 97.4% = 37/38 95.8% = 23/24 94.6% = 35/37 88.9% = 32/36 86.2% = 25/29
Number of Government officials convicted for offence 24 16 18 8 17
related to corruption
Number of persons convicted of private sector 65 34 41 41 44
corruption
Conviction rate in complex tax cases 95.% = 19/20 60.% = 3/5 93.8% = 15/16 94.7% = 18/19 100.0% = 1/1
Number of cases finalised with verdict involving 14 18 17 13 18
money laundering
Number of prosecutions instituted involving money 0 0 0 10
laundering
Conviction rate in organised crime =/ 83.6% = 51/61 94.3% = 50/53 92.3% = 48/52 87.% = 40/46
Conviction rate in environmental crimes 98.1% = 153/156 97.3% = 72/74 99.2% = 127/128 98.1% = 152/155 97.5% = 196/201
Conviction rate in cybercrime prosecutions 100.0% = 28/28 100.0% = 8/8 100.0% = 16/16 100.0% = 3/3 100.0% = 7/7
Conviction rate in essential infrastructure 89.4% = 59/66 90.8% = 59/65 91.% = 81/89 81.1% = 73/90 80.2% = 73/91
prosecutions
Conviction rate in cable theft 00.0% = 0/0 90.7% = 39/43 98.1% = 53/54 82.9% = 34/41 85.7% = 18/21
Clearance ratio on decision dockets received 94.% = 172 667 93.5% = 161 307 92.7% = 164 794 90.3% = 176 824 93.% = 172 019
dealt with dealt with dealt with dealt with dealt with
 National Prosecuting Authority South Africa
147

2023/24 Annual Report

NOTES
National Prosecuting Authority South Africa
2023/24 Annual Report 148

NOTES
National Prosecuting Authority South Africa
2023/24 Annual Report

CONSOLIDATING AND
FUTURE PROOFING

Victoria & Griffiths Mxenge (VGM) Building

123 Westlake Avenue, Weavind Park, Silverton, Pretoria 0184
Tel: +2712 845 6000

RP136/2023
ISBN: 978-0-621-51114-7

Victoria & Griffiths Mxenge (VGM) Building

123 Westlake Avenue
Weavind Park, Silverton
Pretoria 0184
Tel: +2712 845 6000

RP196/2024
ISBN: 978-1-77997-107-4

www.npa.gov.za