The question of the effectiveness and efficiency of the NPA is key to the proper functioning of South Africa’s democracy. This is because the NPA is the sole custodian of criminal accountability. Properly measuring effectiveness and efficiency is key to ensuring that the NPA does in fact functioning correctly. The evidence suggests that the way in which effectiveness has been measured has not only failed to do this, but has created perverse incentives which have undermined effectiveness. Effectiveness and efficiency are separate enquires and should be interrogated separately.
The National Prosecuting Authority (NPA) tends to follow a highly secretive and confidential approach to all prosecutions, including those in relation to high-profile corruption. The problem with this approach is that it fails to take into account the reasons for confidentiality and secrecy, and whether or not those reasons still pertain in high-profile corruption cases. The approach also fails to appreciate the risks posed by an unnecessarily secretive approach in these kinds of matters. This Issue Paper will consider the special case of high profile corruption and comment on the nature and extent of transparency necessary in such cases.
Public accountability is crucial to demonstrating and achieving independence. Accountability through public transparency can achieve the level of prosecutorial independence and accountability required to ensure that the public has confidence in the decisions being made, thus ensuring the trust of public. Various kinds of accountability apply to the NPA: internal accountability, accountability to Parliament, and public accountability. This Issue Paper argues that heightened public accountability, through clarity and transparency of policies and processes, are required to ensure an objective, independent, Constitutional prosecution service, which enjoys public trust.
In view of the local government elections scheduled for 1 November 2021, the DOI, through two if its projects, hosted a webinar on 27 October 2021 to reflect on local government and crime within the context of the elections. The panellists were Prof Jaap De Visser, Prof Lukas Muntingh, Dr Jean Redpath and Ms Kristen Petersen.
Report by J Mangwanda with L Muntingh, T Lorizzo, K Petersen and J Redpath
Report by J Redpath with L Muntingh, T Lorizzo, K Petersen and J Mangwanda
Report by T Lorizzo & V Petrovic with L Muntingh, J Redpath, K Petersen and J Mangwanda
Report by K Petersen with L Muntingh, T Lorizzo, J Redpath and J Mangwanda
Report by K Petersen & J Mangwanda with L Muntingh, T Lorizzo, and J Redpath
This report covers four cross-cutting topics based on a survey undertaken of five African countries (Kenya, Malawi, Mozambique, South Africa and Zambia) By L Muntingh, J Mangwanda, K Petersen & J Redpath
This report covers four cross-cutting topics based on a survey undertaken of five African countries (Kenya, Malawi, Mozambique, South Africa and Zambia) By L Muntingh, J Mangwanda, K Petersen & J Redpath
How to make best use of scarce resources in the criminal justice system. Report by Jean Redpath
NPA Issue Paper 3: Effectiveness and Efficiency | by Jean Redpath
