DOI-ACJR Media on NPA

Accountability means “being responsible for your decisions or actions, and explaining them when you are asked”. The NPA is the only entity in South Africa with the power to institute criminal prosecutions – in other words, to hold people and companies criminally accountable. The Constitution also requires the NPA itself to be accountable. Prosecutors have wide discretionary powers, but this does not mean they can do as they please. They must account for how they meet their responsibilities and for corrective actions taken, where appropriate. This infographic looks at key concepts around accountability and unpacks the accountability relationships of the NPA.

Legislation empowers the President to establish Investigating Directorates within the National Prosecuting Authority (NPA). The offences it may investigate must be submitted to Parliament and published in the Government Gazette. During the Mandela Presidency there were two Investigating Directorates. These Directorates later became the DSO or Scorpions. When Zuma became president, the DSO was replaced with the Hawks in the police. In 2019, President Ramaphosa established a new Investigating Directorate within the NPA. This infographic provides an overview of the mandate, powers and future of Investigating Directorates.

Summary report on consultations with civil society stakeholders: “The NPA that we want”

Much of the media attention given to the National Prosecuting Authority (NPA) is centered on high-level corruption investigations, especially linked to the Zondo Commission’s findings and recommendations. While this is important, it should also be asked what happens at ground-level in our courts where ordinary cases are heard on a daily basis. The question can indeed be asked: What are our expectations of the NPA when having to engage with the criminal justice system as a victim, witness or even an accused? Do we know what we want from the NPA in real and practical terms? In June and July 2022 ACJR commissioned a series of consultation workshops with stakeholders to discuss these questions and develop descriptions of “the NPA that we want”. The consultations yielded valuable observations and insights, demonstrating on the one hand that people generally have a deep understanding of the challenges facing the NPA and, on the other hand, clear understandings of what they expect of the NPA, especially as these relate to the four core values of professionalism, independence, accountability, and credibility.

That the Zondo Commission did not make recommendations for systemic reform of the National Prosecuting Authority is unfortunate and is a lost opportunity. The NPA is in need of reform and this centres on two issues: institutional independence and accountability.

Presentation: Prosecution of corruption in local government | Prof J de Visser

This presentation was made at the Webinar on the Prosecution of corruption in municipalities with Advocate Barry Madolo (NPA) on 14 June 2022

In a series of five Issue Papers, Lukas Muntingh and Jean Redpath take a few steps back and ask whether we are indeed problematising the correct issues and, if so, are we problematising the issue in a manner that will restore trust and thus legitimacy in the NPA. From this position we can also examine our current and future expectations of the NPA.

Presentation: Accountability and Transparency of the NPA | by Jean Redpath

Transparency, Accountability, Independence Independence is an essential feature of the proper exercise of prosecutorial discretion. Independence requires that justice be dispensed without ‘fear, favour or prejudice.’ Independence cannot exist alone: it must co-exist with accountability. Transparency is required to ensure accountability: if no-one is seen to be held accountable for the exercise of prosecutorial discretion, how can the public ever have any assurance that decisions are not tainted or improper?

NPA Issue Paper 1: In search of strategy | by Lukas Muntingh

This paper problematises the strategy environment of the NPA and raises questions about how strategy is developed, the priorities set and how performance is measured. The overall impression is of a situation where strategy priorities and objectives emanate from different sources, but that the most measurable is what drives performance at operational level and not necessarily the most needed or most important to make the country safer and build trust in the state. The NPA finds itself in a complex strategy environment: various strategy documents not only have different time frames but also emanate from different sources and fundamentally different purposes. Finding harmony and synchronicity in this strategy environment must be difficult for the NPA leadership.

NPA Issue Paper 2: Knowledge, skills and human resources | by Lukas Muntingh

The capacity, knowledge, skills and experience of an organisation's workforce will determine largely the extent to which it is able to fulfil its mandate. The aim in this issue paper is to problematise this particular issue in a succinct manner with the view to build consensus on understanding the problem properly in order to develop effective short to medium term responses. Transparency and accuracy in reporting on the NPA's human resources is a notable problem. Three broad issues are explored, being vacancies, job satisfaction and skills requirements of prosecutors. The problems are not new and there is ample guidance from the literature and practice to address the issues.

NPA Issue Paper 3: Effectiveness and Efficiency | by Jean Redpath

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.

NPA Issue Paper 4: Transparency in high-profile corruption matters | by Jean Redpath

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.

NPA Issue Paper 5: Accountability of the NPA | by Jean Redpath

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.

Presentation: NPA - Measuring Effectiveness and Efficiency | by Jean Redpath

How effective is the NPA? Is measurement part of the problem?

Presentation: NPA - In search of strategy | By Lukas Muntingh

Problematises the strategy environment of the NPA and raises questions about how strategy is developed, the priorities set and how performance is measured.

Presentation: NPA - Human Resources | by Lukas Muntingh

The capacity, knowledge, skills and experience of an organisation's workforce will determine largely the extent to which it is able to fulfil its mandate. The aim is to problematise this particular issue in a succinct manner with the view to build consensus on understanding the problem properly in order to develop effective short to medium term responses.

In a series of five Issue Papers, Lukas Muntingh and Jean Redpath take a few steps back and ask whether we are indeed problematising the correct issues and, if so, are we problematising the issue in a manner that will restore trust and thus legitimacy in the NPA. From this position we can also examine our current and future expectations of the NPA.

In a series of five Issue Papers, Lukas Muntingh and Jean Redpath take a few steps back and ask whether we are indeed problematising the correct issues and, if so, are we problematising the issue in a manner that will restore trust and thus legitimacy in the NPA. From this position we can also examine our current and future expectations of the NPA.

ACJR Submission to the Constitutional Review Committee

Submission by Africa Criminal Justice Reform (ACJR) to the Constitutional Review Committee | June 2021

How much discretion does a prosecutor have to decline to prosecute? Is mediation always a good thing? Is there sometimes an obligation to prosecute? Does compensation for the victim trump societal criminal justice interests? These are vexing questions, especially when attempting to answer them in the abstract. A recent case may help in crystallising some thoughts.

RESEARCH REPORT: The Prosecution Service and the Provinces

This paper explores the relationship between the provinces and the NPA by looking at the legal framework as well as a few case studies and examples of cooperation that have emerged. Recommendations are made for a way forward. Report by Lukas Muntingh

Research Report: Recommendations for reform of the National Prosecuting Authority

Following from previous work, this report looks at seven areas of reform for the National Prosecuting Authority (NPA). By its own admission the NPA is facing a long list of challenges, internally and externally. This report proposes seven areas of reform that can over the short to medium term, if followed, make a substantial and constructive contribution to rebuilding trust in the NPA. The seven areas are: • the appointment of the NDPP and other senior officials • the dismissal of the NDPP • the prosecution policy directives • referrals from other agencies • informal mediation • structuring the clusters of the NPA • general oversight. An unavoidable conclusion is that law reform is needed since the current legal framework enabled the hollowing-out and misuse of the NPA. Report by Lukas Muntingh and Jean Redpath

Resources on South African Criminal Justice System: National Prosecuting Authority

Africa Criminal Justice Reform (ACJR) has produced research on the South African criminal justice system relating to the National Prosecuting Authority (NPA). This resource list contains summaries and links of work that we have produced in recent years on the topic of the NPA.

20 November 2019: Hosted by the Dullah Omar Institute (DOI) and Public Affairs Research Institute (PARI). The Constitution and the NPA Act provide that the National Director of Public Prosecutions (NDPP) is appointed by the President, who may also, after consultation with the NDPP and Minster of Justice, appoint up to four Deputy National Directors of Public Prosecution (DNDPP). The President similarly appoints the Provincial Directors of Public Prosecutions (PDPP). This rather opaque process remained in place until Right2Know brought a court application in 2018 that the interviews for the position of NDPP should be conducted in public. Right2Know was successful and the interviews that resulted in the appointment of Adv. Shamila Batohi as NDPP set an important precedent In August 2019 the Deputy National Director of Public Prosecutions (DNDPP) Silas Ramaite took early retirement. Given the workload and demands on the National Prosecuting Authority (NPA) it is essential that the vacancy be filled. Since the DNDPP and the NDPP are both appointed by the President, it follows that the precedent set in the appointment of Adv. Batohi must now also be followed in filling the vacancy left by the departure of Ramaite, or is it that simple? Why is it that the President that must appoint the Deputies and not the NDPP that appoints her Deputies? Please join us for a roundtable discussion on reviewing the appointment of the leadership of the NPA with the aim to develop proposals for law, practice and policy reform. Presentations by Lukas Muntingh (DOI), Jean Redpath (DOI) and Florencia Belvedere (PARI).

20 November 2019: Hosted by the Dullah Omar Institute (DOI) and Public Affairs Research Institute (PARI). The Constitution and the NPA Act provide that the National Director of Public Prosecutions (NDPP) is appointed by the President, who may also, after consultation with the NDPP and Minster of Justice, appoint up to four Deputy National Directors of Public Prosecution (DNDPP). The President similarly appoints the Provincial Directors of Public Prosecutions (PDPP). This rather opaque process remained in place until Right2Know brought a court application in 2018 that the interviews for the position of NDPP should be conducted in public. Right2Know was successful and the interviews that resulted in the appointment of Adv. Shamila Batohi as NDPP set an important precedent In August 2019 the Deputy National Director of Public Prosecutions (DNDPP) Silas Ramaite took early retirement. Given the workload and demands on the National Prosecuting Authority (NPA) it is essential that the vacancy be filled. Since the DNDPP and the NDPP are both appointed by the President, it follows that the precedent set in the appointment of Adv. Batohi must now also be followed in filling the vacancy left by the departure of Ramaite, or is it that simple? Why is it that the President that must appoint the Deputies and not the NDPP that appoints her Deputies? Please join us for a roundtable discussion on reviewing the appointment of the leadership of the NPA with the aim to develop proposals for law, practice and policy reform. Presentations by Lukas Muntingh (DOI), Jean Redpath (DOI) and Florencia Belvedere (PARI).

National Prosecuting Authority says there are more resolutions via the alternative dispute resolution mechanism

Presentation: Dealing with fraud and corruption in municipalities in the Eastern Cape | Advocate Barry Madolo

This presentation was made at the Webinar on the prosecution of corruption in municipalities with Advocate Barry Madolo (NPA) on 14 June 2022