Chaotic criminal justice system protects gangsters

Replies to DA parliamentary questions have revealed not only unacceptably high acquittal rates for cases of murder and attempted murder in the Cape Flats ganglands, but also that just 10% of reported cases are actually referred to the National Prosecuting Authority (NPA). 

Figures disclosed by the Minister of Justice in a reply to a DA parliamentary question on Monday reveal that 84.4% of murder and attempted murder cases originating from five gang hotspots in the Western Cape end in acquittals. 

The possible conclusions that can be reached from these statistics are:

• A  very large number of innocent people are being arrested and charged;
•  The police are failing in their investigation of these crimes;
• The NPA is failing in its prosecution of these crimes.

Neither of these is acceptable.  Innocent people are living in terror every day because our criminal justice system is in disarray. This is clearly illustrated by the contradictory figures in the reply from the Justice Department, which states that 1718 cases have been finalised since 2007, and that 201 are still awaiting an outcome in court.  However, the Department also claims that 2904 cases were referred to it.  A simple mathematical calculation shows that there are thus 1186 cases still pending, and not 201.

It is simply unacceptable that the Department cannot provide accurate information on its case load. It is equally unacceptable that no separate statistics of cases relating specifically to gang violence can be produced. According to Justice Minister Jeff Radebe: "The data collection system used by my department does not make provision for determination of whether the cases were gang related or not."

The Justice Ministry is not alone in failing to adequately fulfil its mandate. A reply  to a parliamentary question received from the Minister of Police today has revealed that, since 2007, a mere 96 out of 945 reported cases of murder and attempted murder in the Cape Flats have been referred to the NPA for prosecution (ie just 10% of reported cases).

The combined effect of the abysmal conviction rate by the Justice Department and the poor referral rate from police stations is that gangsters are allowed to roam free to terrorise vulnerable communities, secure in the knowledge that there is very little chance that they will face any consequences for their actions.

The DA will continue to push for accurate statistics to be kept and made public by the Justice Department and the SAPS.  In addition, we will submit further parliamentary questions to ascertain the reasons for the high acquittal rate in these criminal cases in particular.

Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, September 5 2012

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