Question NW2338 to the Minister of Justice and Correctional Services

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18 November 2016 - NW2338

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

(a) How did the National Prosecuting Authority calculate its conviction rate for the 2015/16 financial year and (b) which factors did it take into account when calculating the specified rate; 2) (a) what is the total number of cases that (i) were withdrawn in each region in the specified financial year and (ii) were re-enrolled in the 2016/17 financial year and (b) what are the relevant details in each case?

Reply:

(1)(a) The National Prosecuting Authority calculates its general conviction rates and crime specific conviction rates on the basis of verdict cases. (b) It is calculated in terms of the percentage of cases finalised with a verdict in which a guilty verdict was obtained.

The percentage is determined by taking the cases finalised with a guilty verdict (including Section 57A of the Criminal Procedure Act, 1977) divided by the total number of cases finalised with a verdict. In the case of convictions these are only measured at the date of sentencing, while in the case of not-guilty verdicts these cases will be counted on the date of such verdict (i.e. only finalised cases are measured).

The reply to question 2 (a) on the total number of cases that (i) were withdrawn in each region in the specified financial year and (ii) were re-enrolled in the 2016/17 financial year and (b) what are the relevant details in each case, are explained below.

The table below sets out the number of cases withdrawn per region, per forum. The figures show the Serious Commercial Crimes Unit (SCCU) cases separately from the other regional courts. I am further informed that the National Prosecuting Authority (NPA) does not keep details of re-enrolments (these are new court cases) and is unable to supply the details of each case.

FINANCIAL YEAR

DIVISION

District Courts

Regional Courts

SCCU

High Courts

TOTAL

2015/2016

ECD

10877

1094

4

5

11980

2015/2016

ECD Mthatha

1386

279

0

6

1671

2015/2016

FSD

5053

931

20

9

6013

2015/2016

KZND

20641

2160

55

11

22867

2015/2016

NCD

2809

281

0

3

3093

2015/2016

NGD

17621

2719

63

6

20409

2015/2016

NWD

2702

711

0

0

3413

2015/2016

SGD

6096

1807

80

9

7992

2015/2016

WCD

27934

2000

24

5

29963

2015/2016 Total

 

95119

11982

246

54

107401

Source file