Suchergebnisse

1995 wurde ein Gesetzesakt verabschiedet, der die Möglichkeit der Haftentlassung durch die Bereitstellung einer Kaution regelt. Der vorliegende Beitrag befaßt sich mit der Rechtspraxis bei der Anwendung dieses Gesetzes und nimmt dabei Bezug auf seine geschichtliche Entwicklung. Bei der Suche nach Gründen für die Ineffizienz der Strafrechtsverfolgung legt der Autor Versäumnisse innerhalb der Strafprozeßordnung sowie in der Verwaltung und Ausbildung der Exekutive (Polizei, Gefängnispersonal etc.) dar. (DÜI-Spl)

Established in 1998, the National Prosecuting Authority (NPA) immediately had to deal with escalating levels of serious crime. Through a variety of innovations, including prosecution-driven investigations popularised by the 'Scorpions', specialised career paths for prosecutors, a focus on performance measurement, and improved conditions of service, the NPA quickly became an employer of choice for a new generation of law graduates. Over the last 16 years, the NPA's specialised units have performed well. However, the NPA's performance at the level of the lower courts – where the vast majority of prosecutions occur – has been mixed. With the appointment of its sixth head or acting head in late 2013, the NPA has been burdened with inconsistent – and at times, poor and unsuitable – leadership. Relatedly, political interference and the politicisation of the NPA have seriously undermined a once promising institution, negatively affecting staff morale and performance and sapping public confidence in the NPA. The future of the NPA as an institution that exercises its functions without fear, favour or prejudice, as mandated by the Constitution, hangs in the balance.

General public confidence in the criminal justice system and the government's handling of crime is low, according to an Institute for Security Studies survey. Yet, most people trust the police and would willingly give evidence in court. People who have been to court as state witnesses are more positive about the work of the prosecution service compared to those who have not. Indeed, most court users have a positive opinion of prosecutors and the work they do. Dissatisfaction is primarily a result of lengthy delays in trials, and unhelpful and unprofessional prosecutors.

This article explores the historic evolution of the prosecution service at the Cape under both Dutch and British control, the two Boer republics, and its twentieth century role - first in the Union and then the Republic of South Africa. Emphasis is given to the struggle the prosecution service waged over the centuries to assert its independence against an interfering executive.A focus of the article is the establishment and role of South Africa's first centralised National Prosecuting Authority in 1998. The political controversy surrounding the promulgation of the National prosecuting Authority Act, in terms of which the National Prosecuting authority was established, and the appointment of the first national director of public prosecutions are discussed. The powers of the national director, and the degree of independence the position enjoys are analysed. The structure of the National Prosecuting Authority, and the legislative provisions governing investigating directorates, through which the prosecuting authority is granted formal investigative powers, are explained.