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National Prosecuting Authority of South Africa (NPA)
Overview
South African society post-1994 has been marked by profound political changes and the establishment of progressive legislation, policies and programmes that have served to lay the basis for a new society. Key milestones along the way have been the adoption of the new Constitution in 1996 that outlined the formation of the NPA and Section 179(1) of the Constitution of the Republic of South Africa,1996, that created a single NPA.
Also vital within the Criminal Justice System (CJS) was the formation of the Office of the National Director of Public Prosecutions (NDPP), established on 1 August 1998.
Legislation governing the prosecuting authority is the NPA Act, 1998 (Act 32 of 1998) [PDF]. The Constitution, read the said Act, provides the prosecuting authority with the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.
Over the years, various units have been added, resulting in a formidable prosecuting and crimefighting force that has made its mark on the South African scene and has gained a reputation as a professional organisation of note. The NPA structure includes the NPS, the AFU, and specialised units such as the Specialised Commercial Crime Unit (SCCU), the Witness Protection Programme (WPU), the Priority Crimes Litigation Unit (PCLU) and the Sexual Offences and Community Affairs (SOCA) Unit.
In October 2008, Parliament approved the NPA Amendment Bill and the South African Police Service (SAPS) Amendment Bill, which provide for the dissolution of the Directorate: Special Operations (DSO). The DSO and SAPS Organised Crime Unit will become a single agency in the SAPS. The Bills were signed into law in January 2009.
While the core work of the NPA will remain prosecutions and “the people’s lawyer”, the NPA Strategy seeks to ensure that the organisation becomes more proactive so as to:
- contribute to economic growth
- contribute to freedom from crime
- contribute to social development
- promote a culture of civic morality
- reduce crime
- ensure public confidence in the CJS.
Over the years, the NPA has been involved in ground-breaking work in bringing criminals to boot and precedent-setting cases that have struck a cord with the nation as a whole and contributed to the development of South African post-1994 jurisprudence.
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National Prosecutions Service
The significant majority of the NPA’s prosecutors are housed in the NPS, the organisation’s biggest unit. The NPS is headed by a Deputy National Director who reports to the NDPP. A Director of Public Prosecutions (DPP) heads the organisation in each region, with public prosecutors and state advocates manning the nation’s district, regional and high courts.
The NPA as “the people’s lawyer” thus represents and acts on behalf of the people in all criminal trials. The NPA does not seek only to secure convictions but rather to ensure that the interest of justice is served in all cases. The NPA is blessed to have some of the country’s most committed, intelligent, creative and ambitious attorneys in its employ. Prosecutors are significant drivers of the CJS, controlling the speed and direction of court proceedings.
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Witness-Protection Programme
In 2001, the WPU was transferred from the Department of Justice and Constitutional Development to the Office of the NDPP. The office was created in terms of the Witness Protection Act, 1998 (Act 112 of 1998) [PDF], to provide for temporary protection, pending placement under protection; placement of witnesses and related persons under protection; and services related to the protection of witnesses and related persons.
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Asset Forfeiture Unit
The AFU was created in 1999 in terms of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998) [PDF]. The AFU can
seize and forfeit property that was bought from the proceeds of crime, or
property that has been used to commit a crime.
The AFU has two major strategic objectives, namely to:
- develop the law by taking test cases to court and
creating the legal precedents necessary to allow for the
effective use of the law
- build capacity to ensure that asset forfeiture is used
as widely as possible to make a real impact in the fight
against crime.
According to the Department of Justice and Constitutional Development’s 2007/08 Annual Report, the AFU had finalised 1 100 cases to the value of R663 million.
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Specialised Commercial Crime Unit
The SCCU was established on 1 August 1999 as a pilot project to combat the deteriorating situation pertaining to commercial crime. The SCCU aims to reduce commercial crime by the effective investigation and prosecution of complex commercial crime. The SCCU’s mandate is to accept responsibility for the investigation and prosecution of commercial crime cases emanating from the commercial branches of the SAPS in Pretoria and Johannesburg, respectively.
The client base of the SCCU comprises a broad spectrum of complainants in commercial cases, ranging from private individuals and corporate bodies to state departments. The investigation and prosecution process of the SCCU is driven through a combined prosecutor and investigator approach conducive to the methodical planning of the outcome and speedy finalisation of cases registered.
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Priority Crimes Litigation Unit
The PCLU is a specialist unit mandated to tackle cases that threaten national security. The PCLU was created by Presidential proclamation and is allocated categories of cases either by the President or by the NDPP. The primary function of the PCLU is to manage and direct investigations and prosecutions in respect of the following areas:
- the non-proliferation of weapons of mass destruction (nuclear, chemical and biological)
- the regulation of conventional military arms
- the regulation of mercenary and related activities
- the International Court created by the Statue of Rome
- national and international terrorism
- prosecutions of persons who were refused or failed to apply to amnesty in terms of the Truth and Reconciliation Commission (TRC) processes.
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Sexual Offences and Community Affairs Unit
Since its establishment in October 1999, the SOCA Unit has aimed to:
- reduce victimisation of women and children by enhancing capacity to prosecute sexual offences and domestic violence cases
- reduce secondary victimisation of complainants and raise public awareness of the scourge of sexual offences and domestic violence
- ensure proper management of young offenders.
SOCA acts against the victimisation of women and children, with specialised prosecutors positioned in dedicated sexual offences courts. Supporting activities operated by SOCA include its multidisciplinary Thuthuzela Care Centres (TCCs), recognised by the United Nations General Assembly as a “world best practice model” in the field of gender-violence management and response. TCCs are one-stop facilities that have been introduced as a critical part of South Africa’s anti-rape strategy, aiming to reduce secondary trauma for the victim, improve conviction rates and reduce the cycle time for finalising cases.
TCCs are in operation in public hospitals in communities where the incidence of rape is particularly high. They are also linked to sexual offences courts, which are staffed by prosecutors, social workers, investigating officers, magistrates, health professionals, non-governmental organisations (NGOs) and police, and located in close proximity to the centres. The centres are managed by a top-level interdepartmental team comprising various role-players.
Source: South Africa Yearbook 2008/09
Editor: D Burger. Government Communication and Information System
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Last modified: 21 July 2009 10:16:06. |
