How civil society can contribute to effective prosecutions

The document argues that the South African National Prosecuting Authority (NPA) was severely damaged by political interference and poor leadership during the state capture years, leading to a loss of public trust and diminished performance. It proposes the creation of a civil society network to support prosecutorial reform, advocate for transparent leadership appointments, and educate the public on the NPA's mandate. Drawing on a similar initiative in Mexico, the brief suggests that coordinated civil society action can help institutionalise merit-based appointments and establish effective complaints mechanisms to ensure the NPA operates without fear, favour, or prejudice.

• The National Prosecuting Authority (NPA) suffered significant degradation in performance, independence, and accountability due to political interference and poor leadership over the last decade, which eroded public trust in the broader criminal justice system.
• During the presidency of Jacob Zuma, the criminal justice system was manipulated for personal and political gain, facilitating state capture through the closure of the Scorpions and interference in agencies like the South African Police Service (SAPS) and the NPA.
• The NPA faced a severe skills and resource crisis between 2015 and March 2019, with 600 resignations and retirements resulting in 20% of its posts remaining unfilled.
• Civil society's interaction with the NPA was historically adversarial and focused on litigation to protect its independence, specifically regarding the appointment and dismissal of National Directors of Public Prosecutions (NDPPs).
• Data indicates a decline in both public trust and actual performance; public approval of courts dropped from 63.9% in 2013/14 to 41.1% in 2017/18, and fewer convictions were secured in 2017/2018 than in 2002/2003 despite a 153% increase in serious crime arrests.
• The document recommends the establishment of a civil society network, inspired by Mexico's 'Fiscalía Que Sirva' initiative, to provide technical expertise, monitor performance, and advocate for legislative amendments to ensure transparent, merit-based appointments of senior NPA officials.

APA

Newham, G., & Roberts, M. (2020). How civil society can contribute to effective prosecutions. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/pb145.pdf

Chicago

Newham, Gareth, and Miché Roberts. How civil society can contribute to effective prosecutions. Institute for Security Studies, 2020. https://issafrica.s3.amazonaws.com/site/uploads/pb145.pdf.

Wikipedia

{{cite report |last1=Newham |first1=Gareth |last2=Roberts |first2=Miché |title=How civil society can contribute to effective prosecutions |publisher=Institute for Security Studies |date=2020 |url=https://issafrica.s3.amazonaws.com/site/uploads/pb145.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{newham2020how, author = {Newham, Gareth and Roberts, Miché}, title = {{How civil society can contribute to effective prosecutions}}, institution = {Institute for Security Studies}, year = {2020}, url = {https://issafrica.s3.amazonaws.com/site/uploads/pb145.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }