Justice and Correctional Services Committee Hears of Millions of Shortfalls by NPA

Parliament� The Portfolio Committee on Justice and Correctional Services has noted concerns by the National Prosecuting Authority (NPA) that it has a budget shortfall of R186 million in the 2018/19 financial year, amounting to R435 million over the medium term expenditure framework.

The committee heard funds for critical vacancies amounted to R67.1 million. This comes down to R29.2 million for 156 aspirant prosecutors for 12 months and R37.9 million for 53 posts in the Directors of Public Prosecutions Offices in Polokwane and Mpumalanga.

Adv Shaun Abrahams further stated during a briefing on its annual performance plan that NPA has a further 244 critical posts identified which will cost R153 million. This further excludes funding for eight presidential appointments amounting to R13.9 million.

Adv Abrahams informed the committee that 78 prosecutors have been lost to the magistrates’ profession over the last two years. About 70% of all magistrates’ posts are taken up by prosecutors. We cannot afford to lose any more prosecutors or it will be catastrophic for crime prevention in the country.

Regarding recent matters in the media by the non-governmental organisation (NGO) Afriforum to prosecute Economic Freedom Front leader Mr Julius Malema, Adv Abrahams described the NGO as opportunistic as it first wanted a certificate indicating prosecutions will not take place from the NPA. As the investigations are still ongoing, such a certificate was not issued, yet the NGO went public to indicate it will do a private prosecution.

Committee Chairperson, Dr Mathole Motshekga, expressed grave concern about tendencies that he said exist to politicise the work of the NPA. They are trying to trying to set the agenda. This can be confusing for the public.

The committee also heard that the Information Regulator is struggling to make appointments to its staff complement. The committee heard that according to the Act, it needs the permission of the National Treasury to make appointments. The committee has also heard that that Information Regulator does not have the powers to enforce and settle complaints as Sections 73 to 111 of the Act that govern its work are not operative yet. The Information Regulator has, however, decided to deal with complaints on a proactive basis. The organisation has received in excess of 180 complaints to date and has managed to resolve some.

Source: Parliament of the Republic of South Africa

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