Action Society wants meeting with minister of justice over NPA decentralisation

Civil rights organisation Action Society says it has reached out to new Minister of Justice Thembi Nkadimeng to discuss “issues plaguing the justice system in South Africa”.

These include administration at the National Prosecuting Authority (NPA), which it says should be decentralised to give provincial structures more power.

More effective response needed from NPA

“The critical issue that hinders the efficiency and responsiveness of our criminal justice system is the current centralised structure of the NPA,” said Action Society spokesperson Juanita du Preez.

“This centralisation poses significant challenges, limiting the ability of the justice system to meet local needs promptly and effectively.

“We believe that constitutional amendments empowering provinces to establish their prosecuting authorities, working concurrently with the national NPA, are essential to bringing about higher efficiency, responsiveness, and accountability within the South African criminal justice system.”

Du Preez said the current centralised NPA structure struggles to address diverse and unique challenges faced by different regions across South Africa.

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A one-size-fits-all approach often leads to inefficiencies and delays, undermining public trust in the justice system, she said.

The organisation proposes constitutional amendments that allow provinces to establish their own prosecuting authorities.

This devolution of power would enable more localised and specialised responses to criminal activities, ensuring that justice is not only served but served promptly.

Benefits of devolving prosecutorial powers to provinces, according to Action Society:

1. Provinces, with their deeper understanding of local contexts, can develop specialised knowledge and expertise to handle region-specific cases more effectively, enhancing efficiency and specialisation.
2. Local prosecutors, familiar with their communities and the nuances of local cases, can expedite case resolution, reducing the backlog and ensuring swift justice for victims.
3. Provincial prosecuting authorities can respond more swiftly to community concerns and priorities, adapting their approaches to address specific regional challenges, thereby improving localised responsiveness.
4. Localised prosecuting authorities would be more directly accountable to their respective communities and provincial governments, ensuring a justice system that is both responsive and responsible, thereby increasing accountability and transparency
5. Empowering provinces to establish their prosecuting authorities would enhance public confidence in the justice system, contributing to a more stable and law-abiding society, and thereby strengthening the rule of law.

Action Society believes that these constitutional amendments are crucial for breaking free from the “current culture of justice delays”.

By decentralising prosecutorial powers, we can create a more efficient, responsive, and accountable justice system that better serves all South Africans, Du Preez said.

The Citizen contacted the NPA for comment on this matter. Its response will be published when received.

Nine notorious rape and GBV cases

Action Society volunteers have been providing support for victims of rape and gender-based violence (GBV) in nine significant cases across the country.

It said it was especially optimistic about seeing justice in the case of Violet*, a young girl who was allegedly raped by her uncle as the case moves to the closing arguments stage, and the rape case of a teenage girl which is moving to the sentencing stage.