REPORT
FOR PARLIAMENTARY PORTFOLIO COMMITTEE SCCU 2005/6 AND 2006/07
1. Purpose:
The mandate of the Specialised
Commercial Crime Unit (SCCU) is to effectively investigate and prosecute
complex commercial crime emanating from the SAPS Commercial Crime Branch,
thereby contributing to the South African Economy.
2. Measurable objectives:
Measurable Objectives
Broadly speaking activities
in the Unit were mainly directed by the following strategic objectives and
measures as set out in the annual plan, namely:
·
Transformation and developing skilled staff
·
Ensuring speedy and effective prosecutions, which is linked
to ensuring that investigations and prosecutions are properly coordinated and
managed
·
Providing increased access to SCCU services
·
Ensuring that customers are treated in accordance with the
Bill of Rights and Batho Pele
·
Ensuring that sound governance processes are followed
3.
Highlights of achievements:
The
SCCU process is reliant on prosecutor guided
investigations. This is enhanced by a system of case planning which is
reviewed annually.
The SCCU
finalised their Customer Charter,
this included an information pamphlet and feedback forms, some
of which have been completed by the customer so as to assess the standard of
customer service.
Several high profile cases
are being investigated or are pending on the court rolls, including prosecutions
of members of the NPA, high ranking police officials and other civil servants
as well as prominent businessmen.
Examples of these are:
S v TP CORNWELL TSHAVUNGHWA (ex Deputy Director of Public
Prosecutions) CONVICTED 4 JANUARY 2007 (2 COUNTS FRAUD, 2 COUNTS PERJURY 1
COUNT DRIVING UNDER THE INFLUENCE -SENTENCE 7 MAY 2007
S v G A KEET (ex Magistrate) CONVICTED ON 28 COUNTS OF
CORRUPTION SENTENCE 8 YEARS
S v MABENA THEFT OF CONVEYANCERS EXAM PAPER SENTENCE 18
MONTHS SUSPENDED
S v DU PREEZ (ex SAPS Superintendent) CONVICTED THEFT OF R4.6
MILLION SENTENCED TO 8 YEARS IMPRISONMENT
S v KAMARA CONVICTED FRAUD (BLACK DOLLARS) 7 YEARS
IMPRISONMENT
S v RWEXANA FRAUD (RDP HOUSING) 6 YEARS 2 SUSPENDED
S v JOZANA THEFT TRUST MONEY SENTENCE 2 YEARS I.T.O. SEC
276(i)
S v ZONDEKI (Ex Director SAPS) FRAUD SENTENCED 5YEARS
SUSPENDED
S v LOTTER ATTORNEY FRAUD AND THEFT 3YEARS SEC 276(1)(i)
S v THOMAS ATTORNEY THEFT TRUST MONEY 4 YEARS SEC 276(1)(i)
S v KINGHORN INVESTMENT FRAUD CONVICTED FEB 07, SENTENCE 03
JULY 2007
S v ARUMUGAM AND 3 OTHERS (RAF TOUTING) SENTENCED 12
YEARS, 6 SUSPENDED
S v DOOKIE LICENSING FRAUD SENTENCED TO R5000.00 FINE + R300K TO
AFU
S v OREILLY - CONVICTED 28 COUNTS FRAUD SENTENCED 15 YEARS
IMPRISONMENT
S v GHASSAN CONVICTED COUNTERFEIT GOODS ACT SENTENCED 5 YEARS
IMPRISONMENT
S v MOMBERG CONVICTED FRAUD SENTENCED 2O YEARS IMPRISONMENT
S v PETER GHAVALAS A MUTI MILLION FRAUD SCHEME
INVOLVING PENSION SCHEMES. CURRENTLY
ENROLLED FOR TRIAL IN OCTOBER.
In
134 cases sentences of direct
imprisonment were imposed.
The
SCCU surpassed most of its operational
targets.
The roll out of the SCCU to Cape Town is almost finalised,
with appointments of some staff having been finalised and the court starting to
sit during February 2007.The roll out to Bloemfontein has been finalized save
for the fact that Bloemfontein office does not have a dedicated court for the
hearing of commercial crime cases at its disposal. The Director General of Justice and
Constitutional Development approved of the procurement of accommodation in this
regard during February 2007. This matter is still in abeyance.
The RAF project
This
project is running very successfully, with a large number of cases being
finalised by a relatively small staff complement.
The SAFACT project
This project has reached its full fruition,
with two contract prosecutors having been appointed.
Strategic imperatives were
run on a project basis for which all Deputies and the Office Managers took
responsibility. They were assisted by the staff they manage. This is conducive
to participatory management and skills transfer. Several members of the SCCU are involved in
the planning and implementation of strategic imperatives as per the Annual Plan
of the NPA.
4 Ensuring
speedy and effective prosecutions
Operational results
|
06/07 |
05/06 |
04/05 |
COURT HOURS |
4.34 |
4.94 |
4.69 |
ENROLLED |
1844 |
1431 |
935 |
OUTSTANDING |
1163 |
1056 |
843 |
CONVICTIONS |
1515 |
857 |
653 |
SENTENCES |
1485 |
916 |
635 |
ACQUITTALS |
53 |
13 |
36 |
CONV. RATE |
95.56% |
94.63% |
94.78% |
WITHDRAWALS |
343 |
268 |
213 |
> 6MONTHS |
55.8% |
NA |
NA |
SEC 105 A |
537 |
171 |
90 |
CASES RECEIVED |
3423 |
2823 |
3077 |
CASES FINALISED |
3574 |
2271 |
1772 |
5. Vacancies in the SCCU
Post |
Pta HO |
Pta |
Jhb |
PE |
Durb |
Bft |
|
Total |
SD |
- |
- |
- |
- |
- |
|
- |
- |
DDPP |
4 |
1 |
3 |
- |
- |
- |
1 |
9 |
SSA |
- |
3 |
9 |
3 |
3 |
2 |
4 |
24 |
D2 Pros |
- |
2 |
3 |
2 |
2 |
3 |
3 |
15 |
Cor Man |
- |
- |
- |
- |
- |
|
|
- |
P/A |
- |
- |
- |
- |
- |
- |
- |
- |
Admin |
1 |
4 |
1 |
1 |
1 |
1 |
|
9 |
Total |
5 |
10 |
16 |
6 |
6 |
6 |
8 |
57 |
6. Overview
of the service delivery environment for 2005/06 and 2006/2007
The performance of the
SCCU as a whole has been excellent, as can be seen from the information
supplied supra. The conviction rate is consistently high, and
the number of cases finalised has increased steadily since inception. The public and business public in particular
have been well served during the period under review.
The quality of the
service rendered to the community as a whole has been of a very high standard,
despite the challenges currently being faced, as a result of paucity of
resources, both within the prosecution services of the SCCU and the
investigation component of the SAPS.
As far as possible the
budget of the SCCU has been put to optimal use in order to obtain the best
possible results under the prevailing circumstances.
Case Flow Management is
still presenting some challenges, since the placement of matters on the roll
has been taken over by the Judiciary, and as such leaves the Prosecution with
little control in some cases. This has
had a negative effect on the number of court hours within the
7. Organisational challenges experienced by the SCCU
in the period under review.
Strong organisational
challenges have been faced by the SCCU during the year under review. There has been a shortage of prosecutorial
personnel, both due to vacancies (and the time taken to fill vacant posts) and
also a paucity of personnel. (See par 5 supra)
Our partner in the
endeavours of the SCCU is SAPS Commercial Branch. They, too, have faced serious challenges with
regard to a paucity of personnel, and this has impacted strongly on the ability
of the SCCU to meet and / or beat its targets.
It has also had a negative effect on the number of cases received by the
SCCU, and the turnaround times achieved due to a very serious shortage of
investigators and / or experienced investigators. Some new appointments have been made in the
Commercial Branches of the SAPS. This
has alleviated the problem to a small degree, as most of the appointments were
promotions, which are in-house, and have not necessarily resulted in a large
number of new members.
The following are also
experienced as operational challenges, and have a definite impact upon the ability
of the unit to produce satisfactory results:
§
Need for a 3rd court in
§
Need for a 2nd court in
§
Need for dedicated magistrates positions in PE,
§
Need for a dedicated court in
§
The case load per prosecutor which is alarmingly high in
§
The management of the Cape Town SCCU without a Head of
Office. (The new Head of office
commenced duty on
§
The strategic management of the unit without dedicated
personnel to assist the Head of the unit.
8.
Strategic overview and key policy developments for the 2005/06 and 2006/07
financial years
The new Corruption Act
has had a definite influence on the activities of the SCCU during the relevant
period, bearing in mind that this Act is part of the initiative to combat
corruption and related activities on a large scale.
The inflow of such cases
to the SCCU during the relevant period has increased, and a resultant increase
in the number of prosecutions (66) and convictions (4) of these types of
offences.
Endeavours will be made
in the next financial year to aggressively pursue these crimes in close
cooperation with the AFU and the Special Investigating Unit.
The Transformation
initiative of the NPA Change Centre has also had a definite impact on the
activities of the Unit, the various projects taking up a large portion of time
normally allocated to the investigation and prosecution of commercial crime.
Endeavours
should be made in this regard to appoint dedicated personnel to oversee these
functions.
As
mentioned supra the case load generally in the SCCU is a grave cause of
concern and the focus should be on the prompt filling of vacancies in the SCCU. This should alleviate the burden to a certain
extent.
ooOoo