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 Strengthening Criminal Investigations Group Number: 3 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 Adv G Nel contextualized the session as follows: –Criminal investigation plays a pivotal role in the successes of the NPA and although work has been done by NPA, it was decided to seek assistance of stakeholders in order to enhance the service delivery of NPA –He also elucidated some joint initiatives that have been successful in the past, ie the work done by SCCU, IDOC, SOCA, etc.

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 Adv Jordaan SC presented on PGI Referred to the objectives of PGI To have: –A workable, appropriate and relevant PGI System; –A blue print of PGI within NPA including policies; –Achieved high level buy-in from all stakeholders; and –Explored and gained a good understanding of current PGI practice –To test the agreed system and to develop the PGI system with the NPA 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 1: Issues & Concerns The lack of forensic investigation at an early stage. The need for community involvement in investigations. The distinction between the roles of investigators and prosecutors. The identification of the cases where the prosecutors guidance is required. The lack of communication between investigators and prosecutors Should prosecutor guidance not be there at an earlier stage of the investigation eg. at the stage of arrest and/or where search warrants are to be applied for The lack of research and a prosecuting strategy by the prosecutor The disparity between the strategic priorities of the NPA and its stakeholders affects the identification of specific cases for attention/focus

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) There is no “one size fits all”solution. There is a need to focus on when to implement PGI Complex or organised crime cases require PGI For the rest SAPS and the NPA together must identify which cases require the use of PGI This may involve co-location or a task team approach

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 Identify and engage with stakeholders Enhance the capacity of prosecutors and investigators Ensure availability of prosecutors Align strategic initiatives Ensure greater community involvement

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 Election of Rapporteur Nominations –E Steyn UCT –Janine Myburgh Chamber of Commerce –Godfrey Ramaroka ICD

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 Election of Rapporteur Confirmation of Rapporteur E Steyn elected by group

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 Final salient points for feedback to plenary The lack of forensic investigation at an early stage. The need for community involvement in investigations. The distinction between the roles of investigators and prosecutors. The identification of the cases where the prosecutors guidance is required. The lack of communication between investigators and prosecutors Should prosecutor guidance not be there at an earlier stage of the investigation eg. at the stage of arrest and/or where search warrants are to be applied for The lack of research and a prosecuting strategy by the prosecutor The disparity between the strategic priorities of the NPA and its stakeholders affects the identification of specific cases for attention/focus

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 Final salient points for feedback to plenary (cont.) Complex or organised crime cases require PGI For the rest SAPS and the NPA together must identify which cases require the use of PGI This may involve maybe co-location or a task team approach

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 Final salient points for feedback to plenary (cont.) Proposed solutions/actions It is necessary for there to be an alignment of strategic priorities, Nationally and on a Regional level. Control of the nature and quality of instructions should be enforced, and if necessary disciplinary steps must follow. There must be proactive joint training ventures. External partners need to identify areas where PGI’s are to be applied. The NPA is to develop a strategy to harness resources from agencies other than NPA (eg SARS) Prosecutors to be available 24/7 to advise police where necessary. Resourcing must be considered in conjunction with the stakeholders

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 Final salient points for feedback to plenary (cont.) Proposed NPA role Identification and engagement with stakeholders Enhancement of the capacity of prosecutors and investigators Ensure availability of prosecutors Alignment of strategic initiatives Ensure the involvement of the community

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 Thank You