This paper argues that independent
and dedicated oversight of the South
African National Prosecuting Authority
(NPA) is crucial if the organisation is to
succeed in its mission and regain the
public trust it has lost over the past few
years. The NPA’s tremendous authority,
its indispensable role in the criminal
justice process and its essential function
in upholding the rule of law underscore
the need for the NPA to be accountable
to the people it serves. In practical
terms this demands accountability of
a standard and quality that enhances
public confidence in the NPA while
helping the organisation improve its
performance.The paper reviews a number of
prosecutorial accountability mechanisms by drawing on real-world examples such
as prosecution service inspectorates,
independent prosecutorial complaints
assessor mechanisms and prosecutorial
review commissions. These mechanisms
are assessed and their applicability to the
South African context is critically explored. The paper gives careful consideration
to the importance of prosecutorial
independence in order to protect the
constitutional mandate that the NPA
must exercise its function ‘without
fear, favour or prejudice’. Prosecutorial
independence and accountability do
not need to be in conflict with one
another; provided an appropriate balance
between them is found, both principles
can be protected.
