Top local legal mind unpacks the legal prosecution process

Born to a magistrate father in a tiny town of Amersfoort, Strydom moved quite a bit around the country as his father was being promoted transferred to different courts.

He started school at Ladybrand Primary School and finished at Nelspruit Primary School before attending and matriculating at Hoogland High School.

In 1993, Strydom attained a bursary to study for a B-Juris three-year degree through the prestigious Justice College in Pretoria, which allowed him to study for six months and work for six months.

“If three tests per year or exams were not passed, you had to repay the cost of the bursary and this responsibility and accountability was tremendous for me as an 18-year-old at the time,” said Strydom.

In 1994 he asked to be transferred to Brakpan Court, where he worked as clerk of the criminal court, clerk of the civil court, clerk of the small claims court and as maintenance officer.

He obtained his B-Juris degree cum laude in 1995 and was appointed prosecutor in Boksburg the following year.

Strydom attained another bursary in 1996 to study for a four-year LLB degree which he completed cum laude in 1999.

“I was in my LLB studies awarded best student in criminal procedure, law of evidence, criminal law and indigenous law.

“I was then invited by the Faculty of Indigenous Law at Unisa to consider a career at the university as a tutor,” he said.

Strydom was admitted to the bar (advocate) in 2000 and appointed as senior prosecutor in 2004.

He started acting as a senior prosecutor at the age of 24 and was the youngest of all prosecutors at that time.

Strydom is the head of the NPA Prosecuting team in two offices, the Boksburg and Vosloorus, a branch court.

It consists of a total of 21 staff members.

As a senior prosecutor he is ultimately accountable for every decision taken upon each criminal case registered at an SAPS office within the boundaries of Boksburg Court presented for decision.

Q: Have you always wanted to become a prosecutor and why?

A: I grew up in a legal environment and was exposed to it from birth. As a child my sister and I fell asleep underneath my dad’s desk in his office at the court while he was working late. I strongly believe that I’m practising my calling. The NPA stands for decision-making that is without fear or prejudice and it is important that I see that justice is served within my circle of influence.

I became a prosecutor to be known for fair, just and fearless decisions. I also believe, as an outspoken Christian, that I am placed in this office to instil within the boundaries of law/policies/procedures effect change in people’s lives in many ways. I therefore believe and practise the saying that we should live right as your life might be the only Bible somebody reads.

Q: Do you think you are achieving what you anticipated?

A: Yes, absolutely. Deciding without fear or favour is a difficult concept which requires that the subjective and emotional side of the facts is taken out of of any decision process. In my 24-year career I had to withdraw horrendous, high-profile and contentious cases and equally did not hesitate to prosecute a friend (which really happened), colleagues or well-known individuals. I also did not hesitate to refuse to prosecute in deserving cases.

Q: As prosecutor what are some of the challenges you face daily in your job?

A: The perception that all NPA employees are corrupt, poor working conditions and infrastructure and inadequate budget allocations to the lower courts. Also, the perception that all NPA employees could not get better jobs or make it in the private sector .

I have always jokingly said that to be a senior prosecutor, you have to have a split personality disorder to survive. You see horrendous crimes and many times 15 to 20 deceased people in inquests/murder and culpable homicide cases before 9am.

If you want to survive in this environment you have to leave your problems and baggage at home. You are every moment surrounded by an overwhelming sea of negativity and you have to create positivity in order to remain emotionally healthy. Faith and a gym contract is essential.

Q: Based on the pros and cons of your job, would you still be a prosecutor if given another chance?

A: Yes, absolutely. The positive side of my job outweighs the negatives by far. I have every day the opportunity to effect change even if it is a minute.

I’m blessed that by being in this position I could within the negative part of the prosecutions still develop and enhance programmes to help victims and perpetrators of crime to restore and enhance their lives. Equally so does this profession create the anomaly of allowing every prosecutor the ability to secure that those perpetrators of crime are brought to book and victims of crime protected. It still, after many years of prosecution, evokes a sense of strange humility that your efforts, guidance, consultation and dedication are restoring the imbalances crime has caused in the life of victims.

Q: How does it feel to secure a long-term jail sentence for an accused? Does it come with a great feeling of satisfaction or do you just take it as another day at work?

A: The prosecution, as mentioned earlier, is an unemotional and objective process but still passionate. A sense of accomplishment, relief and yes, satisfaction, is experienced – more especially if the convicted crime was extremely violent, brutal, involves a child victim and/or with premeditation, it is difficult not to have a sense of accomplishment and satisfaction.

Q: Have you ever felt pity for any accused during sentencing in any case and if so, please elaborate?

A: The prosecution court process is an unemotional process. Procedures, rules and guidelines to sentence are part of law (prescribed minimum sentences) and or part of case law (stare decisis). One of the factors a court must take into consideration before sentence is the personal circumstances of the accused.

Whilst in the prosecution process, you close yourself off from the emotion of pity. However, I have felt pity after the court process is finalised where personal circumstances and adversity have driven individuals to resort to crime. The pity is not necessarily for the crime but that a person would allow his circumstances to become so bad that he/she felt that there is nobody available to ask for help before resorting to crime.

Q: If you were not a prosecutor what would you be?

A: Psychiatrist or doctor (general practitioner).

Q: If one is aspiring to become a prosecutor, what advice can you give them and what should they study?

A: In order to have a wider possibility for job opportunities later in life definitely an LLB degree. The NPA should be an employer of choice considering the growth, training, mentoring, coaching, job security, promotional opportunities, financial security and financial benefits.

Q: What are the things you feel the public needs to know regarding how the justice system works? In many instances the public would complain that the police do arrest suspects but the courts just let them go?

A: I always say that when you have a toothache you do not go to the motor mechanic but the dentist. In exactly the same way does our criminal justice system work. People are of the view that criminal courts are a cheap and easy way to secure money owed.

They do not understand our legal system is basically divided into two main areas: criminal and civil-based remedies. The legal system has not failed anyone if the wrong remedy for the legal problem was chosen. Money cannot be claimed through the criminal courts.

Acts of law and decisions of court dictates the requirements, processes to be followed and admissible evidence to be present before any criminal case can be enrolled or placed on the court roll. If these requirements are disregarded or not followed can such matter not be enrolled.

Once enrolled all criminal cases are weighed up continuously in the criminal court process to determine if a continued possibility of a successful prosecution exists or not. It is continuous in that further evidence and statements are gathered in the investigation process.

At every court appearance the merits of the matter is re-evaluated. The possible outcome of the prosecution must be anticipated.

This is done by holistically taking all admissible evidence, exhibits and information into consideration including the version of the accused, if a conviction is imminent. If not must the matter be withdrawn.

If a prosecutor continues with a prosecution well knowing there is no case is it called a malicious prosecution which civil claims are instituted against the NPA and or prosecutor in his/her personal capacity.

The responsibility for accurate decision-making is tremendous. Any criminal case is just as strong as the witnesses are. The evidence in the statements might seem to make out a strong case.

If the witnesses’ execution of his/her testimony is poor the matter cannot be successfully prosecuted.

Q: Seeing that the police can sometimes fail to follow the law to the latter when making arrests, do you sometimes advise them on the correct procedure to follow when making arrests, seizing illegal items and dealing with suspects?

A: This calls for continuous guidance, training, sharing of information, mentoring and coaching of all stakeholders but especially SAPS. This takes place through daily interaction with investigating officers, consultations with investigating officers/branch commanders and SAPS witnesses, entries in dockets and meetings. Special training for groups of SAPS officials on specific topic occurs regularly. Even case law and new Acts are supplied to the SAPS. Telephonic inquiries on procedure and guidance occur regularly between control/senior prosecutors and SAPS.

Q: Is there anything you feel the local public can do more to help the prosecution in its work?

A: Yes, definitely. It’s called involvement. To stand together as a community in the fight against crime. Criticism comes quickly if you are not actively involved. If crime is committed and you are a witness, come forward. Give a statement and be prepared to get involved in the court process. People do not want to get involved. To stay anonymous does not necessarily help.

Q: And lastly, what is your message to the Boksburg community?

A: Denzel Washington, the actor, said “At the end of the day it is not about what you have or what you have accomplished, it is about what you have done with those accomplishments. It is about who you’ve lifted up, who you have made better. It is about what you have given back.”

So we all must start making a difference by getting involved in a community/church/project where individuals can be uplifted. By uplifting others you will uplift yourself.

 

Recognition received:

– Numerous Rotary club awards

– Certificate of appreciation from the Department of Correctional Services

– Numerous certificates from the Reiger Park Rape Crisis Centre

– Certificates of appreciation from Ithemba Victim Support Centre

– Several trophies from local community awards such as personality of the year

– Several internal recognitions for personal performance

– Several internal recognitions for office performance