Monograph 53: Lawyers for the People, The South African Prosecution Service, By Martin Schonteich
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
