Action Society has reached out to the new minister of justice, Thembi Nkadimeng, to express our desire to meet and build a collaborative relationship that will allow us to address the most pressing issues plaguing the justice system in South Africa.
“The critical issue that hinders the efficiency and responsiveness of our criminal justice system is the current centralised structure of the National Prosecuting Authority (NPA). 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,” said Action Society spokesperson, Juanita du Preez.
The current centralised NPA structure struggles to address the diverse and unique challenges faced by different regions across South Africa. A one-size-fits-all approach often leads to inefficiencies and delays, undermining public trust in the justice system. Action Society strongly advocates for constitutional amendments that would allow provinces to establish their prosecuting authorities. This devolution of power would enable more localized and specialized responses to criminal activities, ensuring that justice is not only served but served promptly.
The benefits of devolving prosecutorial powers to provinces are numerous and significant:
- Provinces, with their deeper understanding of local contexts, can develop specialized knowledge and expertise to handle region-specific cases more effectively, enhancing efficiency and specialization.
- 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.
- Provincial prosecuting authorities can respond more swiftly to community concerns and priorities, adapting their approaches to address specific regional challenges, thereby improving localized responsiveness.
- 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
- Empowering provinces to establish their prosecuting authorities would enhance public confidence in the justice system, contributing to a more stable and law-abiding society, 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.
“We would welcome the opportunity to meet with the minister to discuss these proposals in greater detail and to explore how Action Society can support your efforts in implementing these much-needed reforms,” concluded du Preez.
Read our letter to the Minister of Justice and Constitutional Development here.
