Reports & Articles

NPA Issue Paper 5: Accountability of the NPA | by Jean Redpath
Author: Crystal
Published: Mar 18, 2022

Public accountability is crucial to demonstrating and achieving independence. Accountability through public transparency can achieve the level of prosecutorial independence and accountability required to ensure that the public has confidence in the decisions being made, thus ensuring the trust of public. Various kinds of accountability apply to the NPA: internal accountability, accountability to Parliament, and public accountability. This Issue Paper argues that heightened public accountability, through clarity and transparency of policies and processes, are required to ensure an objective, independent, Constitutional prosecution service, which enjoys public trust.

NPA Issue Paper 4: Transparency in high-profile corruption matters | by Jean Redpath
Author: Crystal
Published: Mar 18, 2022

The National Prosecuting Authority (NPA) tends to follow a highly secretive and confidential approach to all prosecutions, including those in relation to high-profile corruption. The problem with this approach is that it fails to take into account the reasons for confidentiality and secrecy, and whether or not those reasons still pertain in high-profile corruption cases. The approach also fails to appreciate the risks posed by an unnecessarily secretive approach in these kinds of matters. This Issue Paper will consider the special case of high profile corruption and comment on the nature and extent of transparency necessary in such cases.

NPA Issue Paper 3: Effectiveness and Efficiency | by Jean Redpath
Author: Crystal
Published: Mar 17, 2022

The question of the effectiveness and efficiency of the NPA is key to the proper functioning of South Africa’s democracy. This is because the NPA is the sole custodian of criminal accountability. Properly measuring effectiveness and efficiency is key to ensuring that the NPA does in fact functioning correctly. The evidence suggests that the way in which effectiveness has been measured has not only failed to do this, but has created perverse incentives which have undermined effectiveness. Effectiveness and efficiency are separate enquires and should be interrogated separately.

NPA Issue Paper 2: Knowledge, skills and human resources | by Lukas Muntingh
Author: Crystal
Published: Mar 16, 2022

The capacity, knowledge, skills and experience of an organisation's workforce will determine largely the extent to which it is able to fulfil its mandate. The aim in this issue paper is to problematise this particular issue in a succinct manner with the view to build consensus on understanding the problem properly in order to develop effective short to medium term responses. Transparency and accuracy in reporting on the NPA's human resources is a notable problem. Three broad issues are explored, being vacancies, job satisfaction and skills requirements of prosecutors. The problems are not new and there is ample guidance from the literature and practice to address the issues.

NPA Issue Paper 1: In search of strategy | by Lukas Muntingh
Author: Crystal
Published: Mar 15, 2022

This paper problematises the strategy environment of the NPA and raises questions about how strategy is developed, the priorities set and how performance is measured. The overall impression is of a situation where strategy priorities and objectives emanate from different sources, but that the most measurable is what drives performance at operational level and not necessarily the most needed or most important to make the country safer and build trust in the state. The NPA finds itself in a complex strategy environment: various strategy documents not only have different time frames but also emanate from different sources and fundamentally different purposes. Finding harmony and synchronicity in this strategy environment must be difficult for the NPA leadership.

Policy brief: Local Government and crime in light of the 2021 Local Government Elections
Author: Crystal
Published: Nov 25, 2021

In view of the local government elections scheduled for 1 November 2021, the DOI, through two if its projects, hosted a webinar on 27 October 2021 to reflect on local government and crime within the context of the elections. The panellists were Prof Jaap De Visser, Prof Lukas Muntingh, Dr Jean Redpath and Ms Kristen Petersen.

Country Survey Report: Kenya
Author: Crystal
Published: Oct 11, 2021

Report by J Mangwanda with L Muntingh, T Lorizzo, K Petersen and J Redpath