What magistrates think of prosecutors

AN ONLINE survey has revealed that 59% of magistrates did not think South Africa’s prosecutors were competent. It’s also emerged that 81% of the magistrates believed prosecutors requested postponements too easily.

This comes from an analysis of responses from 230 magistrates from across the country to a survey on their perceptions of prosecutors.

Magistrates were presented with a series of statements, both negative and positive, that they had to respond to. They were given the option of whether they agreed or disagreed or to say they did not know.

The statements included: ‘Prosecutors are respectful of other court users’, ‘Prosecutors ensure justice is done’, ‘Prosecutors are corrupt’, ‘Prosecutors are biased’, ‘Prosecutors are competent’ and ‘Prosecutors request postponements too easily’.

The results show that 61% of magistrates agreed that prosecutors were respectful of other court users, while less than half (48%) agreed that prosecutors ensured justice was done. At least 20% of magistrates felt that prosecutors were corrupt, while almost one-third believed prosecutors were biased. The majority of magistrates (59%) disagreed that prosecutors were competent, while 81% of magistrate respondents agreed that prosecutors requested postponements too easily.

The questionnaire was done as part of a larger survey conducted by UCT’s Democratic Rights and Governance Unit (DGRU) with Magistrates Matter on magistrates’ working conditions. That report is expected to be released later this year.

The questions on prosecutors were included at the request of the Africa Criminal Justice Reform (ACJR), a project within the Dullah Omar Institute of the University of the Western Cape.

The ACJR looked at the findings last week. They were put together by Michael O’Donovan, a data scientist and Jean Redpath, a senior researcher at ACJR.

O’Donovan said the survey results provided reason for both optimism and concern. “The linkages between various perceptions suggest that interventions to address one perception will likely affect others. Addressing the issue of postponements, for example, will likely reduce perceptions of bias and corruption and may actually reduce actual biased and corrupt tactics, if such interventions reduce actual dubious postponements.

“Negative perceptions do seem to be too high at present.”

The National Prosecuting Authority (NPA), meanwhile, said it had noted the survey.

Bulelwa Makeke, spokesperson for the NPA, said: “It is difficult to put any currency on a general survey of this nature, except to note it.”

Makeke said the system had mechanisms in place for judicial officers to raise any concerns or complaints about prosecutors.

“These are brought to the attention of the management in the NPA to address. That system works well and deals with hard facts and specifics.

“Further, the NPA is in the process of establishing a unit to deal with issues of ethics and accountability of prosecutors, within the office of the National Director of Public Prosecutions.”

She said the process was at an advanced stage. “It is part of the NPA’s objective to enhance its independence, professionalism, accountability and credibility. Real cases or reports of misconduct, ethical breaches or corruption by prosecutors will be investigated and dealt with accordingly.”

The Justice Department and Magistrates Commission did not respond to questions at the time of going to press.