Question NW121 to the Minister of Justice and Correctional Services
05 March 2024 - NW121
Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services
With reference to his reply to question 2940 on 16 November 2023, what total number of cases did the National Prosecuting Authority refer back to the SA Police Service with directions for further investigation in the [a] 2018 to 2019, [b] 2019 to 2020, [c] 20/20/21, [d] 2021 to 2022 and [E] 2022 to 2023 financial years?
Reply:
The number of case dockets received for decision that has been referred back to the SA Police Service for further investigation is displayed in the Table below. The decision by a prosecutor when considering a decision docket will reflect if a decision was taken or if more or further investigation is required. These are recorded in a decision docket register at each Magistrate Office and also at the offices of the Directors of Public Prosecutions. The request for further investigation may be required to make a final decision but it may also relate to completing the chain of evidence for evidentiary purposes in court and in getting the case ready for enrolment. Depending on the nature of the charges, some investigation could require financial audit reports or additional forensic or ballistic evidence which a prosecutor from previous experience deem necessary in preparation for the enrolment and subsequent trial. Especially in instances where additional reports are required, these often entail additional costing which the SA Police will only undertake if so guided by the prosecutor. The referral numbers below to the SA Police Service do not include case dockets already enrolled in the courts.
The importance of the investigation to be completed before enrolment, especially in decision dockets where no accused is appearing in court as yet, is that it will prevent unnecessary delays in court and also curb the cost of court appearances. The aim is also to comply with the “Norms and Standards for performance of judicial functions” published in 2024 by the Chief Justice and in terms of which the following guidelines were recommended:
“Finalisation of criminal cases:
a) In order to give effect to an accused person’s right to a speedy trial enshrined in the Constitution, every effort shall be made to bring the accused to trial as soon as possible after the accused’s arrest and first appearance in court.
b) The Judicial Officer must ensure that every accused person pleads to the charge within 3 months from the date of first appearance in the Magistrates’ court. To this end Judicial Officers sall strive to finalise criminal matters within 6 months after the accused has pleaded to the charge.”
|
Financial Year |
FURTHER INVESTIGATION |
|
FY2017-18 |
305555 |
|
FY2018-19 |
314634 |
|
FY2019-20 |
302192 |
|
FY2020-21 |
296807 |
|
FY2021-22 |
295399 |
|
FY2022-23 |
306034 |
|
Total |
1820621 |