Justice Minister Mmamoloko Kubayi addresses the challenges faced by the NPA in prosecuting illegal firearm possession cases.
Image: SAPS
The National Prosecuting Authority’s (NPA) Electronic Case Management System (ECMS) has shed light on the challenges facing the prosecution of illegal firearm possession cases in South Africa, revealing that only a small fraction of the cases enrolled in the district and regional courts over the past two years have resulted in convictions.
The data, disclosed by Justice and Constitutional Development minister Mmamoloko Kubayi in response to a parliamentary question from the DA’s Advocate Glynnis Breytenbach, shows that out of 10,315 new cases enrolled, 6,569 were withdrawn after enrolment.
Breytenbach had asked Kubayi for the number of illegal firearm possession cases over the past 24 months. The request sought data on cases received by the NPA from SAPS, enrolled for prosecution, withdrawn post-enrolment, discharged under section 174 of the Criminal Procedure Act, and successfully prosecuted. She also wanted to know the reasons for withdrawing each specified case.
In her response, Kubayi said she was informed that the NPA does not record dockets for decisions per crime and is unable to provide the total number of dockets received from the SAPS in respect of illegal firearm possession.
However, information obtained from the integrated ECMS regarding cases in district and regional courts over the past 24 months revealed that:
Kubayi said some withdrawn cases may have been re-enrolled after outstanding investigations were completed and will appear in the number of new cases enrolled.
“The NPA is unable to provide the information requested in respect of the High Courts due to the absence of an integrated system. The NPA is currently developing and implementing a case management solution for the high courts,” Kubayi said.
The minister added that the reasons for the withdrawal of each specified case are recorded on the individual case dockets, which are returned to the SAPS. Therefore, the NPA does not maintain a record of the reasons for the withdrawals.
Criminal defence attorney William Booth said the police are understaffed and do not have efficient investigators and crime scene experts, and need to rely on the private sector for efficient forensic investigation. However, that does not really happen.
Additionally, the NPA is also swamped with cases, and courts are unable to cope with all the cases. People are kept in custody for even minor offences because court rolls are too congested. They need to engage the private sector to help prosecute - the Zondo Commission has come and gone, and no one has been really prosecuted.
“Illicit firearm cases are serious and just need to be properly investigated, but are not,” Booth said.
thobeka.ngema@inl.co.za