Reviewing the South African Criminal Justice System: Towards a New, Efficient and Transformed CJS

1. 5 August 2008 PRESENTATION TO THE PORTFOLIO COMMITTEES ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND SAFETY AND SECURITY The Review of the South African Criminal Justice System

2. CONTENT OF PRESENTATION • Introduction 3 2. Background 4 • Overall objectives 7 4. Desired outcomes 8 5. Approach followed 10 6. Weaknesses 14 7. New, modernised, efficient and transformed CJS 16 8. Seven-point plan unpacked 20 9. Conclusion 42

3. INTRODUCTION In his February 2008 State-of-the-Nation Address concerning the South African Criminal Justice System (CJS) the President said: “Cabinet has agreed on a set of changes that are required to establish a new, modernized, efficient and transformed criminal justice system. Among other things, this will entail setting up a new coordinating and management structure for the system at every level, from national to local, bringing together the judiciary and magistracy, the police, prosecutors, correctional services and the Legal Aid Board, as well as other interventions, including the empowerment of the Community Police Forums”. • This statement by the President followed the approval by Cabinet, on 7 November 2007, of a package of seven fundamental and far-reaching transformative changes (“the CJS Seven-Point-Plan”) that MUST ALL be adopted and implemented in an integrated and holistic manner to achieve a new dynamic and coordinated Criminal Justice System. In giving the recommendations its stamp of approval, the Cabinet embarked upon a fundamental and radical journey from what is best described as a fragmented, unfocussed and dysfunctional CJS that is mainly driven (or not) by the strength of personalities in leadership positions, to a CJS that is focussed, coordinated and well-managed at every level. • The 7-Point Plan, which follows an in-depth investigation by the four core Departments or Agencies (SAPS, DOJ, DCS and NPA as well as several other involved stakeholders) into the present CJS that is plagued with blockages and weaknesses rendering it inefficient and ineffective, could represent a major sustainable step towards combating crime and reversing the unacceptable crime trends in South Africa.

4. Background to the Review of the Criminal Justice System (RCJS) • The RCJS entails two processes, one looking at long term solutions that require in-depth desktop research (which is an intersectoral JCPS approach led by the DOJCD), and the second where the focus is on short, medium and long term initiatives, mainly of a structural or practical nature, such as identifying the necessary capacity required to enable government to fight crime by removing blockages in the investigation and court processes. In this regard President Thabo Mbeki appointed the Deputy Minister, Adv. Johnny de Lange, MP, towards the end of May 2008, to coordinate the second initiative. • In terms of time lines, the two processes were initiated as follows: • 22 June 2005: Cabinet approved the first RCJS research initiative, including its Scope and Terms of Reference, which is an ongoing JCPS project run from DOJCD • 26 August 2006: The second RCJS initiative came about following the joint Government / BBWG Anti-Crime initiative that was launched by the President and the Anti-Crime Leadership Forum and which led to 4 Working Groups: • Reviewing of the Criminal Justice System (the initiative now led by Deputy Minister De Lange) • Reducing Violent Organised Crime • Mobilising Society • Performance Enhancement

5. Background cont. • The Working Group dealing with Reviewing the Criminal Justice System, put forward recommendations following work by a multi-disciplinary team (supported by business): • The recommendations were based upon analysis of the system as a whole, following extensive and focused consultations, especially at a grassroots level that included on-site visits • It was endorsed by the Anti-Crime Leadership Forum on 2 August 2007 • Reported to and endorsed by the President and Business Sector Leadership on 23 August 2007 • Endorsed by the IMSC on 21 August and 9 October 2007 and JCPS Cabinet Committee on 1 November 2007 • Approved by Cabinet on 7 November 2007 • Adv Johnny de Lange appointed as coordinator by the President, towards end of May 2008, to implement Cabinet endorsement of the 7 Point Plan; • Terms of Reference of the CJSR was approved on 5 June 2008; and • The Office for Criminal Justice System Reform (OCJSR) has during June 2008 commenced with implementation of the 7 Point Plan.

6. Trial The crime is reported • Investigation commences • Witnesses identified • Evidence secured • Accused identified An arrest is made and the accused detained or released on bail A crime is committed 10111 The Criminal Justice System (Integrated or Dysfunctional?) Prosecution / adjudication takes place Integration into society Verdict Acquittal Incarceration Fine

7. Overall Objectives of the Review of the CJS • Improved legitimacy and public confidence in the CJS; • Weaknesses and blockages in CJS removed through short, medium and long term interventions; • Sustained efficiency and effectiveness through improved Coordination and Management of the system as a whole; • Appropriate, effective and integrated information technology and communication systems and a national reliable CJS database that serves the CJS as a whole and provides relevant and timely information to all the stakeholders; and • Optimal community involvement by involving CPF/CSF regimes in CJS matters such as parole boards, community sentencing monitors and volunteer programmes.

8. Review Of The CJS – Desired Outcomes • Identification of key weaknesses and blockages • Acceptance by all stakeholders of multi-faceted plans of action • Endorsement and buy-in by all participating entities • Sustained efficiency and effectiveness of CJS, by: • Improved Coordination and Management of the system as a whole • Quality and professional services in an integrated, coordinated, effective and efficient CJS • Swift, equitable and fair justice in criminal matters • An effective deterrent to crime on a sustainable basis, establishing and maintaining public confidence. • Resulting in a modernised CJS with a single vision and mission leading to joint objectives, priorities and performance measurement across the cluster and elimination of present misaligned priorities and targets.

9. CJS Headline Targets

10. APPROACH FOLLOWED IN REVIEWING THE CJS • Analysis of “As Is” Functionality • The challenges are universal and similar: The following remark by a prominent Judge of the USA, sometime ago, regarding the USA CJS, highlights the complexity and difficulty of the task at hand: “The Criminal Justice System is a system of 200 years of tradition … unimpeded by progress”. • Recent efforts point to “systems thinking” • Joint and separate accountability • Different approach followed • Obstacles and problems and resultant inefficiencies were taken as a given (well known and often articulated) • Grassroots engagement to identify not only problems but also solutions • A compendium of statistics were analysed, highlighting fundamental yet practical issues between and within all stages of the system, including • Processes • Capacity (human and other resources and tools) • Information and data • Tools and Infrastructure • Through the grassroots engagements and the statistical analysis the problems, blockages and obstacles in the functioning of our current criminal justice system became apparent.

11. STATISTICS: INVESTIGATION STAGE: A NARRATIVE OF A DYSFUNCTIONAL CJS TOLD THROUGH A COMBINED ANALYSIS OF PERFORMANCE AND CAPACITY (1) Measurement of performance was done through looking at actual performance of the CJS as underpinned by resource capacity. (Although such an assessment is useful, it is hamstrung and in some respects deficient, because we do not have a single database tracking each crime from commission to the final outcome). Looking at it in this way, during three clear phases, i.e. investigation, adjudication and incarceration, one finds the following: INVESTIGATION STAGE: Performance • The statistics indicate a large proportion of all reported crime as being undetected. Furthermore, once possible perpetrators are detected a substantial number of cases are closed as unfounded or not establishing prima facie cases or complainants withdrawing charges. • Following this the number of charges then referred to court and being finalised for (relative to the crimes reported) is consequently low. Capacity • The performance is in large measure due to capacity shortcomings, reflected by: - The insufficient number of crime scene experts (1691 in 06/07) and forensic experts (923 in 06/07) in the country (limited resources further negatively affect their performance) (DOH capacity - 58 forensic analysts in 06/07 for the whole country) • The relatively small capacity to investigate the crimes reported. (Only 15 % of total SAPS are detectives in 06/07 coupled with insufficient resources) (Role of Crime Intelligence, until recently, has been unfocussed and wholly inadequate) • Inadequate or incorrect policy choices or resource allocations. Conclusion • Cases will continue not to be detected or to be withdrawn in large numbers before (and even after) reaching the courts, inter alia, if policies and resource allocation are not radically changed to single-mindedly focus on creating the necessary capacity to detect criminals and to gather credible evidence to ensure convictions in courts. In other words, if adequate capacity to gather evidence at the crime scene and to investigate crimes, especially serious crimes, is not created, the outcomes/performance of our CJS will largely remain dysfunctional.

12. STATISTICS: ADJUDICATION STAGE: A NARRATIVE OF A DYSFUNCTIONAL CJS TOLD THROUGH A COMBINED ANALYSIS OF PERFORMANCE AND CAPACITY (2) Similarly analyzed, the position at the COURT STAGE is as follows: Performance • The low number of chargesbeing referred to court (relative to the number of crimes reported), is further compounded by the many charges/cases being withdrawn/struck off the roll after being introduced in court • The number of finalised cases (i.e. those guilty + not guilty + admission of guilt + diversion + ADR + plea bargain) is low measured against the number of cases enrolled (which comprise cases carried over from previous years + new cases MINUS cases removed from the roll (withdrawn + struck off the roll + warrants + transfers) • Number of property crime finalised by the courts is very low, whilst contact crime is higher but not by much • 35% backlogs (cases longer than 9 months on the roll) in regional courts • ±48000 ATD’s are kept in our detention facilities • Low court hours (less than 3h30 pd per RC)/ Low number of finalised cases per court (7pm per RC in 06/07 – now (07/08) decreased to 6pm per RC) Capacity • Number of courts HC/RC/DC (judges and magistrates) • Numbers of Prosecutors (move towards 2 per court, but 24% in 06/07 now (07/08)17% vacancies) vs unequal number of LAB legal staff (less than one per court) Conclusion • The bottom line is that an unacceptably low number of reported crime translates into cases actually reaching our courts and of those cases that are referred to court, a large number are removed from the court roll and only a small number of cases are placed before a judicial officer and finalised through the courts in any given year. So if efficiency and capacity do not improve the number of cases appearing before a judicial officer will continue decreasing, the number of cases finalised will decrease, court hours will further shrink, cycle times will even become longer, and ultimately the Backlogs will increase even further.

13. STATISTICS: INCARCERATION STAGE: A NARRATIVE OF A DYSFUNCTIONAL CJS TOLD THROUGH A COMBINED ANALYSIS OF PERFORMANCE AND CAPACITY (3) In terms of what happens as a result of court activity, the INCARCERATION STAGE indicates the following: Performance • The total number of prisoners in custody (awaiting trial prisoners + sentenced prisoners) is more than the capacity available (ATD’s fluctuating between 52000 and 48000 pm) • Correctional supervision + parole/ probation supervision options are limited in view of limited staff and resources to enforce it • Rehabilitation is severally impaired Capacity • Too few Correctional Centres • Insufficient out-of-prison capacity, like Community Corrections officials and offices, especially social workers Conclusion • Prisons are overcrowded with little opportunity for rehabilitation and unfavorable conditions for awaiting trail detainees.

14. Present Weaknesses The Review, especially the performance/capacity analysis, provides overwhelming evidence of: • A dysfunctional CJS system that spans across multiple departments and agencies involving vast numbers of personnel, processes and information that has to function harmoniously, resulting in high levels of • Fragmentation; • Dysfunctionality; • Many blockages and obstacles; • High levels of unaccountability; and • Overall system weaknesses. • This dysfunctional CJS (and the JCPS cluster) is reflected in complex and multi-facetted weaknesses, including: • Different and disparate legislative and policy frameworks and mandates; • Crucial gaps in overarching policies and legislation (often unattended due to the absence of clearly defined lines of accountability); • The absence of an integrated national (criminal justice) system (as opposed to) separately mandated departments and agencies; • Not geared to focus on problem resolution and referral and no “home” for CJS problems; • No congruent objectives, measurements and performance indicators; and • Some instances of inadequate or incorrect prioritization or resource allocation.

15. Present Weaknesses …… 2 • The “system” as a whole is fully dependent on each of its component parts and their correct functioning, but dysfunctional behaviour is often accommodated and accepted as the norm and not corrected • There are no mechanisms in the system to encourage continuous improvement • Cross-cutting Management Information Systems and the timeous provision of relevant information and systems infrastructure at all “points of presence” is lagging international standards • Absence of formal coordination structures throughout the system, lacking hands-on involvement and collective management, and amplifying fragmentation, for example: • Departments are individually coordinated and managed, with differing degrees of success, efficiency and competency • THE CJS AS A SINGLE ENTITY/SYSTEM IS NOT APPROPRIATELY (OR AT ALL) MANAGED OR COORDINATED. • Conclusion by the Review Team: “A fundamental and radical departure from what presently exists is required to transform the present CJS, which is fragmented, unfocussed, mainly driven by (or not) the strength of the personalities of individuals in leadership positions and meandering-on on it’s own merry pace; into a CJS which is focussed, co-ordinated and well-managed, at every level”.

16. The Establishment of a New, Modernised, Efficient and Transformed CJS The approach towards the establishment of a new modernised, efficient and transformed CJS, is as follows: • An initial focus on blockages and issues that will substantially and in a sustainable manner improve investigation and adjudication, including improved case flow management and reduced case cycle times; • Immediate and intermediate changes, with concomitant positive results, that can serve as a forerunner of a well-coordinated and managed CJS: • Identification and elimination of challenges and obstructions relating to laws, procedures, processes and structures; • Focussed problem identification, speedy implementation of solutions and the ability of all role players to perform effectively; • Practical proposals leading to performance improvements (speed) and effectiveness of all component parts of the CJS; • Identification and elimination of dependencies and inhibitors by component parts and from an overall CJS perspective, especially in relation to capacity constraints; • A focus on the Regional courts, where the majority of serious and violent crime is being heard, will receive special focus and attention;

17. Establishing a New, Modernised, Efficient and Transformed CJS • This approach will be underpinned and driven by a PACKAGE of seven fundamental and far-reaching transformative changes to the present CJS, which have all been adopted by Cabinet and now requires full implementation in an integrated and holistic manner to achieve a new CJS which dynamically coordinates and manages the CJS at each level: • Change One: Adopt a single Vision and Mission leading to a single set of objectives, priorities and performance measurement targets for the CJS by the JCPS cluster. • Change Two: Establish through legislation or by protocol a new and realigned single CJS coordinating and management structure flowing seamlessly from Cabinet to each court, and the appointment of a person from the Executive as Head of the CJS structure with coordination and management functions and NOT executive powers. • Change Three: Making substantial changes to the present court process in criminal matters through practical, short and medium term proposals to improve the performance of the courts, especially initially the RC’s. • Change Four: Implement key priorities identified for the component parts of the CJS, which are part of or impact upon the new court process, especially as it pertains to improving capacity. • Change Five: Establish an integrated and seamless National CJS IT database / system containing all information relevant to the CJS and review and harmonize the template for gathering information relating to the CJS. • Change Six: Modernise, in an integrated and holistic manner, all aspects of the systems and equipment of the CJS, including the fast tracking of the implementation of present projects and modernisation initiatives. • Change 7: Involve the population at large in the fight against crime by introducing changes to the CPF regime, including expanding the role to deal with all matters in CJS, for example, policing, parole boards; provide financial and administrative infrastructure to give it “teeth”.

18. Investigation • Prosecution • Adjudication • Incarceration Coordination & Management Objectives Priorities Measurements • Vision • Mission Schematic view of the Seven point CJS Transformation Plan Court Process Transformation Key Priorities within Component Parts A package of seven fundamental and far-reaching transformative changes that MUST all be implemented in an integrated and holistic manner to achieve a new dynamic and coordinated CJS Modernisation Integrated Information Systems CPF and Local Participation

19. Schematic of the Transformed CJS System Crime Reporting System Crime Scene Management / Investigation System Arrest Processing System Prosecution Management System Adjudication Management System Incarceration Management System Community Supervision System Crime Reporting Crime Investigation Community Supervision Arrest Prosecution Adjudication Incarceration Criminal Justice System (Enterprise) Data an Information Requirements Identification Services Criminal history information Docket Management Event Notification Management Information Technology Infrastructure

20. 7 Point Plan Unpacked:If the 7 point plan is unpacked, it indicates the following requirements to be dealt with:Recommendation ONE – A single CJS Vision and Mission (Recommendation One and Two to be captured in CJS Protocol (later perhaps legislation) • Adopt a single vision and mission for the CJS leading to a single set of objectives, priorities and performance measurement targets for the CJS by the JCPS cluster. • Adapt and realign the operations of CJS departments / agencies to eliminate the present misaligned and often conflicting, contradictory and sometimes mutually destructive objectives, priorities and targets.

21. Recommendation TWO: Establish, by protocol or legislatively, a new coordinating and management structure for the CJS, at every level • The formal CJS structures mostly exist nationally; the provincial or local structures are mostly established informally, not always with all or the same role-players and only in some areas; structures, whether formal or informal, are not focused at all or enough on escalating problematic issues upwards for decisions at a political or senior official’s level; furthermore coordination is not hands-on enough at all levels and collective co-ordination and management is virtually non-existent or fragmented and informal, especially at the coalface of operations. To rectify this pivotal weakness the following recommendations relating to new or realigned structures for the CJS, which establishes a single CJS coordinating and management structure that flows in a seamless manner from Cabinet to each court, should be considered, by: • establishing, legislatively (or by protocol), a new coordinating and management structure for the CJS, at every level, including national (Cabinet JCPS cluster), provincial and local (district court) levels, to comprise relevant stakeholders at each level, especially DOJ, including the Judiciary and Magistracy, SAPS, NPA, DCS and Legal Aid Board; • President appointing a person from the Executive (Minister or Deputy Minister), as HEAD of CJS structure, with only coordinating and management functions (and not executive powers), to head (and act as political champion) of this new CJS structure, being accountable to the JCPS Cabinet Committee

22. Recommendation 2 … continued • Establish, as components of new CJS structure, under new head: • A CJS Advisory Board, chaired by the Head of the CJS structure and comprising the heads of all the major role players in the CJS, including Ministers, Deputy Ministers, Senior Government Officials and other law enforcement agencies and relevant persons not directly represented in Cabinet; which will act as reference / advisory group for OCJSR. • A CJS Strategy Team, comprising Directors General or heads of agencies (DOJ, NPA, LAB, SAPS and DCS), meeting annually, to deal with coordinated Strategies, Plans and Budgets for the CJS as a whole, with emphasis on balancing and harmonising the input and functioning of the component parts transforming the CJS; • A Permanent CJS Operations Team, as a permanent operational structure, comprising senior representatives of Court Services in DOJ, Detective Services and Forensic Services in SAPS, Prosecuting Services in NPA and DCS, to deal hands-on with blockages in CJS, leading to speedy and major throughput improvements, which includes: • A smaller, National CJS Operations Centre (War Room), as a permanent operational structure, comprising detective services, NPA and Court Services, to provide the CJS role players with relevant information and facilitating a smooth flow of cases through the CJS and immediate attention to out-of-line situations on a daily basis; and • Specific Task Teams, functioning under the leadership of senior government officials from all departments involved in the CJS, supported by skilled business people, to implement agreed actions, for example, a Remand Detainee Task Team to efficiently oversee the management of ATP by the different role players.

23. Recommendation 2 … continued • A new National Database, collating all data from the component parts of CJS into one seamless, national database, with the requisite capacity, to provide government with credible and professional analysis of CJS data. • Establish an Ad Hoc Task Team (commence immediately): • comprising DOJ, SAPS and NPA, which must draft binding Directives, with force of law, to operationalise uniform action by officials at the coalface; and • comprising SAPS, DOJ, DCS and NPA (other relevant departments or agencies to be consulted on an ad hoc basis), to urgently draft a detailed operational manual (dealing with all aspects of the investigation and prosecution of crime to assist police officers and prosecutors to act and perform their functions within uniform parameters) and then binding directives to operationalise uniform action by officials at the coalface re AG / bail etc

24. Recommendation 2 … continued • The FUNCTIONS of new CJS structure , inter alia, are to establish as components of an integral management system of the CJS: • An effective Protocol (CJS Protocol) and supporting governance mechanisms to oversee and facilitate: • performance monitoring and measurement of the system as a whole; • cross-departmental cooperation; and • effective management of inter-departmental and intra-departmental deliverables and process improvements. • A three-year Action Plan, as well as an overall CJS Business Plan and an Annual Report, that are published • A congruent measurement system across the CJS to ensure that criminal cases are investigated, prosecuted and adjudicated appropriately;

25. Recommendation 2 … continued • Draft recommendations with regard to new or amended legislative measures that may be required to improve the functioning of the CJS, including: • draft legislation to regulate minimum standards for cash in transit industry; • draft legislation to allow for the continuation of the trial in certain circumstances in the absence of the accused; • draft legislation to allow and regulate access to all fingerprints to law enforcement agencies; • amend CPA to expand parameters of and create a uniform system for admission of guilt regime; and • draft legislation to allow for postponements by way of video conferencing. • It will be necessary to draft and adopt a CJS Protocol, which will contain all the changes and innovations agreed to, but not covered in the present legal / policy framework, within which departments or agencies in the CJS operate, especially those actions which daily take place between departments or agencies which are not yet regulated by law or convention.

29. Recommendation THREE: Drastic Transformation of Court Process in Criminal Matters • The present court process in criminal matters is totally antiquated, a legacy of our Apartheid past and not appropriate for a modern society. It thus requires radical transformation. • New processes that will ensure that courts are focused on trials, rather than administrative actions, like postponements are to be introduced. The outcome of these changes will be a reduction of case cycle time and the number of hearings per case. (722254 cases removed from roll 2006/07; 655179 cases removed in 2007/08) • Arrests that are made too early in the case cycle is a major contributor to postponements of court cases. Changes will be made to cater for the need of investigators to arrest accused persons in less serious cases only to ensure their future court attendance at commencement of the trial and the need of prosecutors to take only substantive cases to court. • A major change will be the screening of cases, by a newly created Screening Mechanism consisting of the prosecuting authority and detective branch, at HC/RC level (10SM) and district court level (in cities and larger towns), to ensure that only prima facie cases and trial ready cases, and cases requiring incarceration pending finalisation of the investigation, are CERTIFIED and introduced into court.  10 RC/HC areas will be prioritised first. • Another major change is that witnesses will be SUBPOENAED to appear at court ONLY when required as a witness. • Other aspects are – • The institution of “LAB court rolls”, which could be continuous (85% RC cases represented by LAB) • Consultations with witnesses (NPA) and accused (LAB) to be done as early possible • Improvement of court attendance (180535 warrants of arrest issued in 2006/07; 191979 warrants issued in 2007/08) • Alternatives to formal processes to be mainstreamed for workload reduction: AG fines/ ADR / RJ/ Administrative alternatives • Once changes approved, capture changes in new Court Process Protocol which will be adopted by Cabinet.

30. Court Process Protocol to be Adopted • Detectives • Prosecution driven investigation. • Appoint own lawyers. • Format & info in docket (language) RC (10) president Docket trial ready DC Management Structure & Sifting Mechanism: NPA & SAPS 1. Decide NPA – RC/HC/DC case 2. Place on roll: - docket trial ready (certificate) - Docket NOT trial ready but want to incarcerate, whether DC/RC/HC (certificate) 3. NOT place on roll: - docket NOT ready and not want to incarcerate (no certificate) examples: 3.1 Forensic reports absent, i.e. alcohol, drugs, etc 3.2 Cooling off period re personal disputes 4. Expand admission of guilt regime 5. Increase guilty plea screening and section 105 pleas 6. Diversion 7. Interpretation services 8. Consult JO re court roll Dockets HC Docket trial ready Consult re court roll DC RC/HC (10) Management Structure & Sifting Mechanism: NPA & SAPS 1. Oversee processing docket from DC 2. Certify docket trial ready 3. Preparation for trial date and subpoena accused and witnesses First appearance Trial Bail courts Trial LAB Early warning system • RC • LAB courts • Continuous roll RC, esp. LAB courts Docket not trial ready, but incarcerate First appearance Inform re RC/HC cases processed from DC

31. Workload Reduction • In order to focus on serious crime: • Restorative justice initiatives • Alternative dispute resolution • Administrative alternatives • SAPS/NPA • Admission of guilt • Spot fines • Warnings • Police Bail • Prosecutors Bail • ….. • Courts / Prosecution • Diversion • Alternative community sanctioning • Correctional supervision • Treatment programs • ADR • Corrections • Parole • Early release • Section 63A of CPA • …. • …. Reception / Assessment / Referral Welfare

32. Case Information Management Docket/s 78592836 Witnesses 78592836 Exhibits Improving the Flow of Justice Case Readiness (Pre-Trial) • Investigation • Prosecution driven early stage • Hearings (Remands / Bail) • LAB early involvement Case Scheduling • Prosecutors • Courts (incl admin) • Judiciary • Interpreter Improved Efficiency • Reduced cycle time • Reduced court time • More effective time management • Better resource utilisation • Reduction in cases withdrawn • Improved case flow • Reduced cost • More time spent on trials Improved Attendance Coordination • Witnesses / Victim • Accused • Investigator • Defense

33. Recommendation FOUR: Implement Key CJS Priorities in its Component Parts CAPACITY OF ROLE PLAYERS IN THE INVESTIGATION STAGE, COURT STAGE & INCARCERATION STAGE OF THE CJS (APRIL 2007 – MARCH 2008) All reported crime 07/08: 2 029 406

34. Recommendation FOUR: Forensic Services of SAPS and DOH  • Improved and timeous investigation of ALL crime-scenes, case load reduction and improved cycle times of forensic investigations, by: • substantially increasing the number of crime scene experts and forensic experts in SAPS and DOH with a concomitant increase in facilities and equipment; and • retention of skilled and experienced forensic experts by providing them with the possibility of a new, attractive and specialised career path options, including an occupation specific dispensation (OSD) option. • Increased and appropriate training

35. Recommendation 4 … continued Detective Services of the SAPS - major program of capacity building & proffesionalisation • Appropriate, accelerated and focussed detective training (Present programmes to be adapted) • Substantially increasing the number of detectives as a percentage of SAPS members as a whole. (The present formula used to calculate the percentage of SAPS members which comprise the detective services is patently inadequate). Possibilities being investigated to at least double the number of detectives from 15% (21724 of 130000, + 1178 vacancies) to ± 33% (⅓) of SAPS, before Dec 2009: • 10% of posts in SAPS to be converted to new detective posts in ’08, and posts to be filled • 2/3 new annual intake to be allocated to detectives • 2009/2010 budget: ? Posts + infrastructure • Additional budget – Business Plan (top up to 1/3) + infrastructure; • A concomitant increase in facilities and equipment; • Retention of skilled and experienced detectives, and attracting graduates and already skilled and experienced investigators, by providing for: • An OSD option, including: • changing the salary structure which no longer allows for a parity of salary between detectives and other SAPS members; • the introduction of salary incentives to attract and retain a new breed of skilled detectives by, for example, providing for a new, specialised career-path for detectives and a special, attractive, monthly detective allowance; • Accelerated training programmes, decreasing substantially the time spent in basic training (24 months) especially by graduated recruits and other persons with relevant prior experience;

36. Recommendation 4 … continued • Creation of new posts of: • senior detectives in designated courts in metro’s and large towns to oversee the quality of investigations and the “sifting” of trial-ready dockets (10 HC/RC level and 116 at other levels); • Creation of new posts of legally qualified persons in the detective services to assist and advise detectives thereby improving the quality of investigations. Organised crime fighting capacity • Increases in various crimes linked to organised crime syndicates and require a dedicated focus by the CJS. • Consolidate organised crime fighting agencies within the CJS and adopt and implement proper organised crime fighting structures and strategies. (Relocation of DSO to be finalised / audit and implementation plan to be developed and implemented) White collar/commercial crime fighting capacity • Consolidate white collar / commercial crime fighting capacity within CJS (NPA/NT task team – await report) • Adopt and implement appropriate white collar crime fighting strategy Crime Intelligence Capacity • New organisational structure adopted in May 2008, which is more focused towards identifying perpetrators and gathering evidence for conviction holds much potential

37. Recommendation 4 … continued • Prosecuting Services of the NPA • Retaining skilled and experienced prosecutorsincluding OSD (NPS vacancy rate end of May 2008 – 17%; down from 24% in 2007) • Effect Prosecutor-guided investigations • In conjunction with the newly appointed senior detectives in designated courts, establish a “sifting” mechanism to identify trial-ready dockets • Training – especially in CFM • Improved work environment • Increased capacity will be required as efficiency and effectiveness of investigation stage start improving • DOJ, as well as the Judiciary and Magistracy • Improved work environment for judicial officers • Continue with modernisation • Facilitating training in case flow management, diversion, alternative sentencing and restorative justice approaches • Continue with reduction of case backlog interventions • Increased capacity will be required as efficiency and effectiveness of investigation stage start improving • Correctional Services • Improve the “availability management” of detainees who have to appear in court • Increase and retention of skilled and experienced personnel, who deal with non-custodial inmates on parole, probation, correctional supervision and so on, like social workers and other professionals, by equalising their salary packages

38. Recommendation FIVE: Establish an Integrated and Seamless National CJS Information System (IT infrastructure and Data) • A harmonious, national CJS template for gathering information relevant to the CJS, in each Department, to ensure applicability and uniformity, is being drafted • Information will be owned, provided and authenticated by the relevant departments or agencies under an overall CJS umbrella. • Information and systems should be seamless and scientifically and technically robust • High and consistent measures for data security and integrity across all systems platforms and participating department • Thereafter, an integrated and seamless National CJS IT database / system containing all information relevant to the CJS, with an appropriate capacity for credible and proper analysis of all aspects of CJS, will be established in OCJSR • The overall, national system will be governed by the CJS Coordination and Management Structure

39. Recommendation SIX: Modernisation of Systems, including fast track the implementation of present projects and modernisation initiatives • A number of solutions and modernisation projects have been developed and are being implemented: • The e-Scheduler System, is a new electronic court management system covering every court, to which prosecutors, judicial officers, detectives and court personnel, who administer the court process, will have access. (Roll out to most courts is largely completed). • Replacement of the obsolete, manual, court recording system with an advanced digital recording system is progressing with speed. • Video Postponement of cases is being rolled out, by the provision of high quality multi-protocol communication links between Court Rooms and Correctional Services facilities. • Inmate tracking via an automated system involving positive biometric verification is receiving attention and will ensure effective tracking and location of inmates. • Alternative Sentencing Options are being revisited and the provisions of current legislation are being implemented by the role players in the CJS.

40. Recommendation 6 … continued • In parallel, a number of initiatives have been identified and some of these are being tested in pilot sites or are awaiting infrastructure, before they can be fully implemented: • Electronic Dockets – a new automated electronic system of capturing dockets - is being tested at pilot sites. • Finger Print Live Scan devices that will bring about major throughput and data accuracy enhancements are awaiting IT Network Infrastructure Services. • The SAPS Criminal Record Centre and Forensic Services Laboratories are enhancing their existing capacities and business plans will provide them with new capacities, like firearm “fingerprinting” and immediate access (at arrest), to all role players, of an arrested person’s SAP 69 (criminal record). • The forensic analysis unit of DOH, to urgently dispose of a huge and unacceptable backlog of alcohol tests in certain centres especially Johannesburg/Cape Town, which has led to huge numbers of these cases being struck off the roll. (Similarly toxicology has severe backlogs at all three laboratories) • The process of establishing a core of CJS IT projects by the IJS Board has not materialised over a period of years. OCJSR has now instructed the IJS Board, as phase 1, to draft a business plan consisting of only identified core IJS IT projects for adoption by Cabinet and thereafter implementation. Further, CJS IT projects will be implemented in a staggered manner in subsequent phases.

41. Recommendation Seven: Introduce Major Changes to CPF Regime Expanding the role of civil society within the CJS, including: CPF Capacity • Introduce changes to the CPF regime, by SAPS, including expanding the role to deal with all matters in CJS, for example, policing, parole boards; by providing financial and administrative infrastructure to give it “teeth”.

42. Conclusion • Quality and professional services in an integrated, coordinated, effective and efficient criminal justice system is only achievable if the SEVEN fundamental and radical steps identified and adopted by Cabinet and articulated in the presentation is dealt with through commitment by all role players and if viewed and dealt with as a matter of urgency, in a holistic and integrated manner. • Having eliminated the key weaknesses and blockages in the CJS through short and medium term interventions and modernised the whole CJS “system”, the country will be rewarded with: • Swift, equitable and fair justice in criminal matters; • A CJS that is an effective deterrent to crime on a sustainable basis; and • Improved legitimacy of and public confidence in the CJS.