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The many years of colonial rule and apartheid caused untold suffering, hardship and humiliation for the majority of the people in South Africa. But perhaps less clearly understood is the debilitating effect of colonialism and apartheid on our criminal justice system. A large component of the resources allocated to law enforcement was focused on dealing with political activities instead of ordinary lawlessness. Consequently, skills and expertise were inadequately developed over the years to enable the proper investigation and prosecution of crime. The state also sanctioned the use of violence as a legitimate investigative tool. As a result, it was not uncommon for convictions to be obtained based on confessions extracted under duress.
The illegitimacy of the government engendered lawlessness and disrespect for the rule of law among ordinary citizens. People very often felt morally justified to break the law. Police officers and prosecutors lacked any legitimacy in the eyes of the public.
As the National Director of Public Prosecutions assuming office for the first time, I was faced with these and numerous other challenges aptly identified in this study.
In the short period of its existence, the National Prosecuting Authority has done much to ensure that it lives up to its objective of providing ‘lawyers for the people’. For the first time in the history of our country, we have a unified national prosecuting authority with a single prosecuting policy. A number of innovative ways to combat crime have been initiated and are proving to be successful. A new career path and salary structure for prosecutors is currently under consideration.
This outstanding contribution by Martin Schönteich is a timely reflection and analysis of the prosecution service in a democratic South Africa. For us to achieve our goal of providing a prompt, vigorous and fearless prosecution service that acts in the public interest, it is important that the National Prosecuting Authority as a whole is critically studied and evaluated by external non-governmental organisations. This enables us to consolidate our achievements and take stock of gaps, with the view of guiding our prosecuting service into this century. It also assists us in identifying what is important for the growth and stability of the prosecution service, as well as pinpointing future potential threats and opportunities in our quest to become a prosecuting authority that is fully accessible to the people of this country.
I am grateful for this opportunity to make a contribution to such an ambitious and analytic endeavour.
Bulelani Ngcuka
National Director of Public Prosecutions of South Africa
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