Documents disappear from files in court
An understanding of who, what and where and how documents are lost is necessary to determine the extent of the problem and to identify whether it is an administrative problem; whether a specific individual is responsible for this; and whether there is a group of people working together.
Communication between prosecutor and complainants
Concerns were raised that the claimant does not often have the opportunity to communicate with the state prosecutor about the case to provide background and how the crime affected the claimant.
The NPA pointed out that there is a specialised division called the CPO (Court Preparation Officers) that receives instructions from the prosecutor to contact the parties and discuss the court proceedings. This consultation must take place before the court case commences. However, the decision is discretionary and the prosecutor will decide which claimants need this service.
The meeting was informed that from next year the NPA will be audited by the auditor-general as far as electronic documentation is concerned. The NPA is working on the digitisation of all documents which will address the problems of documents being lost from files, as well as corruption. Both the SAPS and the NPA have electronic systems in place, but it is often difficult to connect to them, especially in the rural areas of the Northern Cape. This hinders the efficiency of this process. A request has been made for a discussion between different stakeholders and private partners to address this matter.
Sentencing and parole
The community’s sentiment was shared that the sentencing for livestock theft cases and some violent crimes is not sufficient and that these criminals are easily paroled. Sentences for serious crimes should not be served concurrently and parole should be calculated on the total sentence period. If a person is convicted of a crime and receives two sentences of 20 years each, but serves the sentences concurrently, parole must be evaluated at 40 years and not on a 20-year basis.
The representatives of the NPA are also frustrated with this aspect, but the parole process is not part of their mandate. The NPA has advised that an impact study be undertaken with regard to livestock theft and rural security in the Northern Cape, which can serve as an instrument to address these problems.
Co-operation between the NPA and the SAPS
There is frustration from SAPS that their hard work is negated when cases is deleted from the roll or withdrawn as soon as it reaches the court.
The request was made that the dossiers be evaluated before they go to court to ensure that there are no technical issues that could lead to the dismissal, withdrawal of the case, or it being struck from the roll or postponed.
The digitisation of the files will be of great value, as checks and balances can then be introduced to ensure successful conviction in the shortest possible period of time. The NPA suggested that a workshop be held between all stakeholders to provide guidance regarding requirements and to discuss the problems experienced and come up with solutions.
Adjournment of cases
Delay tactics, also known as the Stalingrad method, used by defendants often lead to frustration with the prosecutors, the SAPS and the plaintiffs.
Acknowledgment of debt document J534
Facts must be gathered to determine why the plea option is offered via a J534 form and the penalty imposed against the crime committed. This process can only be offered by SAPS to a person who is arrested on suspicion of a less serious crime.
Corruption in the form of cadre deployment
There will be zero tolerance towards any official suspected of corruption in the form of cadre deployment.
Re-enrol or withdrawn or deleted from the roll cases
A request can be made to reopen cases that have been struck off the roll or withdrawn. The complainant must submit a representation to the prosecutor. The case will then be re-evaluated on its merits and reasons will be provided as to why it happened in the first place and what needs to be done to ensure a different outcome.
The use of camera footage as evidence in court cases
The NPA has requested a list of where the cameras are located and how the footage can be obtained. A meeting will be arranged with the forum and the relevant parties of the NPA to discuss the requirements, the process to obtain the information, etc.
Speeding up DNA testing
The NPA will make available a list of the cases currently adjourned due to the fact that DNA results have not been received and the forum will contact its members to ask if they are willing to pay for private tests. The claimant must then present this request in writing to the prosecutor so that the court can appoint the private facility to do the testing.
Treat livestock theft as a priority crime
The NPA undertakes to ensure that expert prosecutors who have a proper understanding of livestock and agriculture will be appointed for livestock theft cases.
Training of officials to specialise in livestock theft cases in court
A prosecutor from the NPA can be used to provide guidance and education in the community, especially where pot slaughter takes place. The NPA should give the Forum a guideline on the requirements to train prosecutors to specialise in livestock theft cases, in order to apply for funding.
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The article originally appeared in the RPO’s Red Meat News November 2024. Read the original article here.
Stock theft is included as one of the issues on our “Animal husbandry” page.
Photo by Peter Fazekas: www.pexels.com/photo/herd-of-sheep-taken-under-white-sky-880867/
