justice freedom security S t a k e h o l d e r C o n f e r e n c e – M a r c h NATIONAL PROSECUTING AUTHORITY The NPA’s role in building confidence in the CJS Group Number: 5 Date: 30 March 2007

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Objectives and output of session The Chairperson informed the group on what NPA is doing to combat crime The Chairperson gave the overview of the session and introduced Ian as the project owner contracted by NPA to conduct survey (Resource) To explore how the NPA should improve service delivery to its customers especially the victims of crime and witnesses, thus increasing confidence in the CJS.

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Overview by project owner/presenter Central to the strategic outcomes of the strategy of the NPA is the objective to build confidence in the CJS. If the NPA optimises its services to its customers and delivers quality services public confidence in the CJS will increase. If there is public confidence in the CJS citizen will report crimes knowing and trusting that the system will resolve it justly and speedily. Those intending to commit crime will be discouraged, as they will have certainty that crime will be reported, that they will be caught and dealt with accordingly

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 1: Issues & Concerns General discussion notes: The group discussed in details both concerns and root causes under the following perceptions: Crime is out of control People are treated uequally based on gender, race, language etc Corruption Inaccessibility to justice

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 1: Issues & Concerns Justice delayed is justice denied Non availability of witness protection Lack of trust in the system Secondary victimization Abuse of power “untouchables” though NPA is supposed to prosecute without fear and prejudice Victims’ s voices to be heard Integrity of NPA officials i.e nepotism The accusatorial system makes the court environment unfriendly, harsh & insensitive Poor customer management due to lack of training Lack of outreach programmes – legal education Lack of feedback to victims by NPA Lack of communication Statistics – cases are driven by achieving good stats Victim Charter not adhered to

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 1: Issues & Concerns (cont.) Key points as agreed by group: The main issues/ concerns undermining confidence in the CJS are: Lack of trust, Lack of respect and Lack of access Lack of capacity to give feedback Lack of coordination Court preparation not enough Lack of accountability – missing dockets Importance of statement taken by police – poor

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 2: Diagnosis (root causes) (cont.) Key points as agreed by group: The main factors contributing to lack of trust/ perception of bias is the lack of accountability, –lack of responsibility, inequality before the law, –lack of role clarification, lack of feedback, transparency and communication resulting in poor customer management as well as systemic delays and caused by poor cooperation between partners The main factors contributing to a lack of respect is poor customer management, low competence, lack of capacity, lack of sensitization, poor accountability, communication and feedback Lack of access is caused by language barriers, diversity, capacity and poor customer management –Access also recognises delays and length of cases result in clients/witnesses not wanting to continue with cases

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 3 Question 2 – proposed role of the NPA It was agreed that NPA must be seen to prosecute criminals without fear, favor and prejudice

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 2: Diagnosis (root causes) General discussion notes: Right people not recruited, selection and utilization of staff and management of staff Quality control by prosecutor guided investigation Impact of decisions taken by various stakeholders to other stakeholders Perception of “silofication” Impact of different cultures in the criminal justice system

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 3 Question 2 – proposed role of the NPA The lack of trust can be addressed if the NPA ensures accountability, clarification of roles and responsibilities, equality before the law, feedback to customers, proper communication and transparency. –There should be proper communication between the NPA and its partners. –Prosecutors should take ownership of their cases and ensure good quality investigations. –The NPA should be seen to prosecute without fear, favour and prejudice. –The NPA should develop and apply an integrated communication plan. –The NPA should follow a customer focused approach and should develop the capacity to ensure feedback to customers. –Training must be adapted to ensure that customer’s needs are addressed. –The NPA must develop and apply a customer management plan in cooperation and consultation with its partners.

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 3 Question 2 – proposed role of the NPA The lack of respect can similarly be addressed by an applied customer management plan as well as an applied communication plan. –There should be accountability and sanctions for non and poor performers. –The code of conduct should be well publicized in an effort to manage expectations and to set out roles and responsibilities. –The NPA should become an employer of choice and should recruit and retain the right people for the job. –The NPA should develop a culture to serve and an attitude to serve the public should be engrained in NPA officials. –Training should be adapted to ensure that “Batho pele principles and ubuntu are adhered to. –The NPA should contribute to proper case flow management and to ensure that all key role players are accountable in line with their roles and responsibilities.

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Discussion Phase 3 Question 2 – proposed role of the NPA The lack of access should be addressed by proper customer management, roles and responsibilities to ensure access should be clarified. –The NPA should recognize that access delayed is access denied and the NPA should play its part in moving from a system of postponements to a system of finalization. –The NPA should cooperate with its partners In order to ensure that the NPA’s requirements are met, it should be set out and agreed upon in service level agreements or Memorunda of Understanding this will ensure accountability. –The NPA should contribute to resolve language barriers during statement taking at point of entry in the CJS, court testimony and court records.

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security The NPA’s role in building confidence in the CJS Thank You