59-744: The National Prosecuting Authority ( NPA ) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998 , which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to institution of criminal proceedings. The NPA
118-793: A parliamentary republic with a three-tier system of government and an independent judiciary , operating in a parliamentary system . Legislative authority is held by the Parliament of South Africa . Executive authority is vested in the President of South Africa who is head of state and head of government, and his Cabinet. The President is elected by the Parliament to serve a fixed term. South Africa's government differs from those of other Commonwealth nations. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in
177-402: A parliamentary system in which the executive is dependent on and accountable to the legislature. In each province the provincial legislature is directly elected by proportional representation , and the legislature in turn elects one of its members as Premier to head the executive. The Premier appoints an Executive Council (a cabinet), consisting of members of the legislature, to administer
236-489: A "basic misunderstanding" about the TRC's mandate, which was to uncover the truth about past abuse, using amnesty as a mechanism, rather than to punish past crimes . Critics of the TRC dispute this, saying that their position is not a misunderstanding but a rejection of the TRC's mandate. Among the highest-profile of these objections were the criticisms levelled by the family of prominent anti-apartheid activist Steve Biko , who
295-581: A Member of Parliament for the Democratic Alliance (DA) and Shadow Minister of Justice , called for an end to ongoing political interference in the NPA, which she said had compromised its integrity. The first NDPP, Bulelani Ngcuka , was appointed in 1998, upon the NPA's establishment, and resigned in July 2004. The last two years of his tenure were mired in political scandal, following the NPA's announcement in late 2002 that its Scorpions unit
354-490: A Section 12(6) commission of inquiry, headed by Frene Ginwala , to determine Pikoli's fitness for the office of NDPP. The Ginwala Commission recommended that Pikoli should be reinstated, though also that he should "be sensitised to the broader responsibilities of his office and in particular to... the security environment in which that office should function." Despite the Ginwala Commission's recommendations, Pikoli
413-425: A monumental process, the consequences of which will take years to unravel. For all its pervasive weight, however, it infiltrates our culture asymmetrically, unevenly across multiple sectors. Its place in small rural communities, for example, when it establishes itself in a local church hall, and absorbs substantial numbers of the population, is very different from its situation in large urban centres, where its presence
472-477: A multi-disciplinary approach to deal with victims of rape in South Africa . As of September 2022, there were 58 TCCs. The Office for Witness Protection supports vulnerable and intimidated witnesses and related persons during judicial proceedings. The unit also provides assistance and co-operation to other countries, tribunals and special courts, in the field of witness protection. The functions and duties of
531-482: A special committee to consider Mushwana's report, and in late June endorsed most of its findings. Ngcuka's resignation the next month was rumoured to be related to the Zuma investigation and a result of political pressure. Silas Ramaite served as acting NDPP until Ngcuka was succeeded by Vusi Pikoli in 2005. On 24 September 2007, President Thabo Mbeki suspended Pikoli, allegedly because of "an irretrievable breakdown" in
590-399: A system of mixed-member proportional representation , while the councils of district municipalities are partly elected by proportional representation and partly appointed by the councils of the constituent local municipalities. In each legislative body, the party or coalition of parties holding a majority of seats forms the government. The largest party not in the government is recognised as
649-616: Is accountable to Parliament , and final responsibility over it lies with the Minister of Justice and Correctional Services . On a national level, the NPA is headed by the National Director of Public Prosecutions (NDPP). The NDPP is appointed by the President of South Africa for a term of 10 years. The NDPP is supported by a chief executive officer , a position which was filled by Marion Sparg from 2000 to 2007, and by four Deputy National Directors of Public Prosecutions. At
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#1732772049675708-612: Is reportedly investigating allegations and evidence contained within the first part of the Zondo Commission Report. The Specialised Commercial Crime Unit (SCCU) was established to prosecute serious economic offences such as fraud. Some of its cases are also high-profile – for example, it is currently investigating fraud at Steinhoff and VBS Mutual Bank . In 2012, there was a scandal when SCCU head Lawrence Mrwebi unlawfully dropped fraud and corruption charges that SCCU prosecutors had been pursuing against Richard Mdluli ,
767-565: The Truth Commission Special Report . The programme was presented by progressive Afrikaner journalist Max du Preez , former editor of the Vrye Weekblad . The producers of the programme included Anneliese Burgess, Jann Turner , Benedict Motau, Gael Reagon, Rene Schiebe and Bronwyn Nicholson, a production assistant. Various films have been made about the commission: Several plays have been produced about
826-867: The National Assembly and the National Council of Provinces ), the executive (the President , who is both Head of State and Head of Government ), and the judiciary (the Constitutional Court , the Supreme Court of Appeal , and the High Court ). All bodies of the South African Government are subject to the rule of the Constitution, which is the supreme law in South Africa. The Parliament of
885-807: The Public Finance Management Act . The ID is sometimes called the "New Scorpions," after the NPA's former Directorate of Special Operations, better known as the Scorpions . The Scorpions, launched on 1 September 1999 and controversially disbanded in July 2009, was also an elite unit which investigated organised crime and pursued politically sensitive cases. It is currently working with the Zondo Commission on prominent cases relating to state capture , and since its establishment has been led by Hermione Cronje , who tendered her resignation on 30 November 2021. As of January 2022, it
944-555: The Regulation of Foreign Military Assistance Act (Act No 15 of 1998), the Non-Proliferation of Weapons of Mass Destruction Act (Act No 87 of 1993), The National Conventional Arms Control Act (Act No 41 of 2002), The Nuclear Energy Act (Act No 46 of 1999) and The Intelligence Services Act (Act No 65 of 2002). The following units oversee aspects of the NPA's internal organisation: There has been remarkable instability in
1003-669: The University of the Western Cape ), Johannesburg (at the Central Methodist Mission), and Randburg (at the Rhema Bible Church). The commission was empowered to grant amnesty to those who committed abuses during the apartheid era, as long as the crimes were politically motivated, proportionate, and there was full disclosure by the person seeking amnesty. To avoid victor's justice , no side
1062-537: The Constitutional Court set aside the termination of Nxasana's appointment as NDPP, effectively making Abrahams's appointment invalid, and directed President Cyril Ramaphosa to appoint a new NDPP within 90 days. Ramaphosa appointed Shamila Batohi as NDPP in December 2018. The "spy tapes" were secretly recorded telephone conversations between Ngcuka, who was the former NDPP, and Leonard McCarthy, who
1121-631: The NPA to provide the DA with the record of proceedings. After a prolonged legal battle, in which the NPA and Zuma sought to keep the content of the spy tapes confidential, the Supreme Court of Appeal in August 2014 compelled the NPA to comply with an earlier court order requiring it to provide the spy tapes to the DA. In October 2014, the Sunday Times made part of the spy tapes transcripts public for
1180-649: The NPA's history. Menzi Simelane , appointed NDPP in 2009, was removed from office in early October 2012, after the Constitutional Court found, in Democratic Alliance v President , that his appointment had been invalid. The tenure of Nomgcobo Jiba , who served as acting NDPP from the time that Simelane was put on special leave in January 2012, was also controversial, and Jiba has since been accused of enabling state capture , and participating in other political conspiracies, while in office. Mxolisi Nxasana
1239-572: The Nuremberg trials are an example. In one survey study, the effectiveness of the TRC was measured on a variety of levels: In the study by Orlando Lentini, the opinions of three ethnic groups were measured in this study: English-speaking White South Africans , the Afrikaners , and the Xhosa . According to the researchers, all of the participants perceived the TRC to be effective in bringing out
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#17327720496751298-538: The Republic of South Africa is South Africa 's legislature . It is located in Cape Town , the country's legislative capital . Under the present Constitution of South Africa , the bicameral Parliament comprises a National Assembly and a National Council of Provinces . The current twenty-eighth Parliament was first convened on 14 June 2024. From 1910 to 1994, members of Parliament were elected chiefly by
1357-517: The South African Constitution as "distinctive, interdependent and interrelated". Operating at both national and provincial levels ("domes") are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of cooperative governance. The national government is composed of three inter-connected branches; the legislature (parliament, consisting of
1416-637: The South African white minority . The first elections with universal suffrage were held in 1994 . The President , Deputy President and the Ministers of the South African Government make up the executive branch of the national government. Ministers are Members of Parliament who are appointed by the President to head the various departments of the national government . The president is elected by parliament from its members. The third branch of
1475-400: The TRC had been weighted in favour of the perpetrators of abuse. As a result of the TRC's shortcomings and the unaddressed injuries of many victims, victims' groups, together with NGOs and lawyers, took various TRC-related matters to South African and US courts in the early 2000s. Another dilemma facing the TRC was how to do justice to the testimonials of those witnesses for whom translation
1534-672: The TRC: A 1998 study by South Africa's Centre for the Study of Violence and Reconciliation & the Khulumani Support Group, which surveyed several hundred victims of human rights abuse during the Apartheid era, found that most felt that the TRC had failed to achieve reconciliation between the black and white communities. Most believed that justice was a prerequisite for reconciliation rather than an alternative to it, and that
1593-716: The accusation and it was later found baseless by a specially appointed judicial inquiry, the Hefer Commission . However, in May 2004, following a complaint laid by Zuma, the Public Protector Lawrence Mushwana released a report which found that Ngcuka's statement to the media in August 2003 had been "unfair and improper." A highly public spat ensued between Ngcuka and Mushwana, sometimes also involving former Minister of Justice and Constitutional Development Penuell Maduna . Parliament appointed
1652-463: The applications for amnesty. In reporting these numbers, the Commission voiced its regret that there was very little overlap of victims between those seeking restitution and those seeking amnesty. A total of 5,392 amnesty applications were refused, granting only 849 out of the 7,111 (which includes the number of additional categories, such as "withdrawn"). The TRC's emphasis on reconciliation
1711-459: The charges against Zuma in April 2009. He said that the tapes showed that there had been a political conspiracy against Zuma. Sam Sole of amaBhungane agreed that the tapes documented a "crass [pro-Mbeki] partisanship" on the part of McCarthy. Opposition party the Democratic Alliance (DA) applied to have Mpshe's decision reviewed and set aside – and a court hearing of such a review would require
1770-465: The first time, having been granted access to them by the courts. The Pretoria High Court and Supreme Court of Appeal both ultimately found that Mpshe's decision to drop the charges against Zuma had been irrational and should be reconsidered. South African Government The Government of South Africa , or South African Government , is the national government of the Republic of South Africa ,
1829-469: The former head of the police's Crime Intelligence Division . The Asset Forfeiture Unit (AFU) was established in May 1999, to give effect to certain provisions in the Prevention of Organised Crime Act which allow for the criminal or civil seizure (and subsequent forfeiture to the state) of assets belonging to perpetrators of crime. Once forfeited, these assets are realised and are utilised to compensate
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1888-621: The hearings. On 15 April 1996, the South African National Broadcaster televised the first two hours of the first human rights violation committee hearing live. With funding from the Norwegian government, radio continued to broadcast live throughout. Additional high-profile hearings, such as Winnie Mandela 's testimony, were also televised live. The rest of the hearings were presented on television each Sunday, from April 1996 to June 1998, in hour-long episodes of
1947-466: The national government is an independent judiciary. The judicial branch interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. The legal system is based on Roman-Dutch law and English common law and accepts compulsory ICJ jurisdiction, with reservations. The constitution's bill of rights provides for due process including
2006-462: The national level, there are also four Special Directors and an Investigating Director. Every seat of the High Court of South Africa is served by a Director of Public Prosecutions (DPP), who acts as the prosecution authority for that Court's jurisdictional area. The National Prosecution Service (NPS) is composed of the various DPP offices (and their subordinates) and are responsible for the day to day criminal prosecutions. State Advocates (attached to
2065-679: The office are classified "SECRET" in terms of the Witness Protection Act. The Priority Crimes Litigation Unit (PCLU) was created by Presidential proclamation on 23 March 2003 and mandated to direct investigations and prosecutions for crimes arising from to the Rome Statute, crimes against the State including national and international terrorism, matters emanating from the Truth and Reconciliation (TRC) process and contraventions of
2124-666: The office of the DPP) prosecute matters in the Superior Courts, whilst Public Prosecutors (attached to various Magistrate's Courts), prosecute matters in the Lower Courts. The Investigating Directorate (ID) was created in April 2019. Its mandate is to investigate and prosecute high-profile and complex crimes, especially under the Prevention of Organised Crime Act , the Prevention and Combatting of Corrupt Activities Act, and
2183-672: The office of the NDPP – no NDPP has ever served his full ten-year term. Two of the three permanent appointments made by Jacob Zuma during his presidency were later invalidated by the Constitutional Court , and two other incumbents were subjected to official inquiries, instituted under Section 12(6) of the National Prosecuting Act of 1998, into their fitness to hold the office. Controversial extraordinary changes in NPA leadership have been attributed to political interference. In June 2014, former NPA prosecutor Glynnis Breytenbach ,
2242-713: The official opposition. Truth and Reconciliation Commission (South Africa) The Truth and Reconciliation Commission ( TRC ) was a court-like restorative justice body assembled in South Africa in 1996 after the end of apartheid . Authorised by Nelson Mandela and chaired by Desmond Tutu , the commission invited witnesses who were identified as victims of gross human rights violations to give statements about their experiences, and selected some for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution. The Institute for Justice and Reconciliation
2301-700: The prosecutorial process. The recordings were made by the National Intelligence Agency and the Organised Crime Unit of the South African Police Service . Shortly before the spy tapes scandal broke in 2009, the Supreme Court of Appeal had overturned an earlier decision by the High Court to dismiss corruption charges against Zuma, so the possibility of a criminal trial had been reopened. However,
2360-669: The relationship between Pikoli and Justice Minister Brigitte Mabandla . However, on 27 September, the South African Broadcasting Corporation reported that the NPA had issued a warrant for the arrest of the head of the South African Police and Interpol , Jackie Selebi , and there was widespread suspicion that Pikoli's suspension was part of a bid to shield Selebi from prosecution. Selebi was nonetheless successfully prosecuted and sentenced to prison, though not until 2010. Mbeki established
2419-490: The right to a fair , public trial within a reasonable time. The nine provinces of South Africa are governed by provincial governments which form the second layer of government, between the national government and the municipalities . The provincial governments are established, and their structure defined, by Chapter Six of the Constitution of South Africa . The provincial governments are structured according to
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2478-467: The spectrum, former apartheid State President P.W. Botha defied a subpoena to appear before the commission, calling it a "circus". His defiance resulted in a fine and suspended sentence, but these were overturned on appeal. Playwright Jane Taylor, responsible for the acclaimed Ubu and the Truth Commission , found fault with the commission's lopsided influence: The TRC is unquestionably
2537-472: The suffering caused by apartheid, many black South Africans were angered at amnesty being granted for human rights abuses committed by the apartheid government; local reports at the time noted that his failure to accept that the former NP government's policies had given security forces a "licence to kill" - evidenced to him personally in different ways - drove the chairman Archbishop Desmond Tutu almost to tears. The BBC described such criticisms as stemming from
2596-442: The tapes were used to support the allegation that the NPA's prosecution of Zuma had been politically motivated. NPA prosecutors maintained that the spy tapes were irrelevant to the actual charges against Zuma, especially since (as products of an intelligence agency) they had likely been illegally obtained, meaning that the burden was on Zuma to prove their authenticity and admissibility. However, they were overruled by Mpshe, who dropped
2655-409: The truth, but to varying degrees, depending on the group in question. The differences in opinions about the effectiveness can be attributed to how each group viewed the proceedings. Some viewed them as not entirely accurate, as many people would lie in order to keep themselves out of trouble while receiving amnesty for their crimes. (The commission would grant amnesty to some with consideration given to
2714-664: The various departments of the provincial administration. Local government in South Africa consists of municipalities of various types. The largest metropolitan areas are governed by metropolitan municipalities , while the rest of the country is divided into district municipalities , each of which consists of several local municipalities . After the municipal election of 18 May 2011 there were eight metropolitan municipalities, 44 district municipalities and 226 local municipalities. Municipalities are governed by municipal councils which are elected every five years. The councils of metropolitan and local municipalities are elected by
2773-783: The victims of crime and/or are ploughed back into law enforcement. The Sexual Offences and Community Affairs (SOCA) unit was established in October 1999 to combat gender-based violence against women and children. SOCA comprises the Sexual Offences Section; the Domestic Violence Section; the Maintenance Section; and the Child Justice Section. It also coordinates the network of Thuthuzela Care Centres (TCCs), which employ
2832-399: The victims. A register of reconciliation was also established so that ordinary South Africans who wished to express regret for past failures could also express their remorse. The TRC had a number of high-profile members, including Archbishop Desmond Tutu (chairman), Alex Boraine (deputy chairman), Sisi Khampepe , Wynand Malan , Klaas de Jonge and Emma Mashinini . The TRC's mandate
2891-467: The weight of the crimes committed.) Some said that the proceedings only helped to remind them of the horrors that had taken place in the past when they had been working to forget such things. Thus, the TRC's effectiveness in terms of achieving those very things within its title is still debatable. The hearings were initially set to be heard in camera , but the intervention of 23 non-governmental organisations eventually succeeded in gaining media access to
2950-561: Was appointed NDPP with effect from 1 October 2013. On 5 July 2014, President Zuma announced a Section 12(6) inquiry to determine whether Nxasana was fit to hold office. On 11 May 2015, the inquiry was terminated, but on 31 May 2015 it was announced that Nxasana was stepping down. He was paid out the value of the remainder of his 10-year-contract amounting to R17 million. On 18 June 2015, Zuma appointed Shaun Abrahams as NDPP. In August 2018, however, in Corruption Watch v President ,
3009-701: Was enriched by Tutu with the spirit of the indigenous African concept Ubuntu , which tends to translate across cultures as a spiritual awareness of our interconnectedness as a human family; and more specifically in Xhosa, that together, we make one another human. The work of the TRC was accomplished through three committees: Public hearings of the Human Rights Violations Committee and the Amnesty Committee were held at many venues around South Africa, including Cape Town (at
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#17327720496753068-503: Was established in 2000 as the successor organisation of the TRC. The TRC was set up in terms of the Promotion of National Unity and Reconciliation Act , No. 34 of 1995, and was based in Cape Town . The hearings started in 1996. The mandate of the commission was to bear witness to, record, and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, as well as offering reparation and rehabilitation to
3127-558: Was exempt from appearing before the commission. The commission heard reports of human rights violations and considered amnesty applications from all sides, from the apartheid state to the liberation forces, including the African National Congress . The Commission found that there were 7,000 political deaths under Apartheid between 1948 and 1989. More than 19,050 people had been victims of gross human rights violations. An additional 2,975 victims were identified through
3186-526: Was in sharp contrast to the approach taken by the Nuremberg trials and other de-Nazification measures. South Africa's first coalition government chose to pursue forgiveness over prosecution, and reparation over retaliation. Opinions differ about the efficacy of the restorative justice method (as employed by the Truth and Reconciliation Commission) as compared to the retributive justice method, of which
3245-459: Was investigating Zuma, then Deputy President, for corruption related to the Arms Deal . In August 2003, Ngcuka told the media that the NPA had a "prima facie case of corruption" against Zuma but had decided not to prosecute on the basis that the case was probably not winnable. Shortly afterwards, Mac Maharaj told the press that Ngcuka had been a spy for the apartheid government. Ngcuka denied
3304-400: Was killed by the security police, and whose story was featured in the film Cry Freedom . Biko's family described the TRC as a "vehicle for political expediency", which "robbed" them of their right to justice. The family opposed amnesty for his killers on these grounds and brought a legal action in South Africa's highest court, arguing that the TRC was unconstitutional. On the other side of
3363-430: Was necessary. It was believed that, with the great discrepancy between the emotions of the witnesses and those translating them, much of the impact was lost in interlingual rendition. A briefly tried solution was to have the translators mimic the witnesses' emotions, but this proved disastrous and was quickly scrapped. While former president F. W. de Klerk appeared before the commission and reiterated his apology for
3422-467: Was permanently removed from office by President Kgalema Motlanthe on 8 December 2008. Motlanthe was later prevented by the judiciary in Pikoli v President and Others from appointing a permanent NDPP until the legalities regarding the removal of Pikoli had been sorted in the courts. Pikoli was replaced by Mokotedi Mpshe, who, though appointed only in an acting capacity, is one of the longest-serving NDPPs in
3481-562: Was the former head of the Scorpions unit, which had investigated Zuma for corruption relating to the Arms Deal . The tapes, recorded shortly before the December 2007 52nd National Conference of the ruling African National Congress (ANC) at which Zuma beat national President Mbeki in an electoral contest for the ANC presidency, allegedly documented Ngcuka and McCarthy colluding to manipulate
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