Johnny come-lately
In this, the week that the DA launched its plan to overhaul the
criminal justice system, Deputy Justice Minister Johnny de Lange
admitted that the system is dysfunctional. He said: "The situation is
sometimes so overwhelming that we don't know what to do about crime.
We have not necessarily taken the right decisions over the past 15
years or used resources efficiently. We have to brace ourselves now."
This frankness is a welcome departure from the knee-jerk denialism we
have come to expect, but it leaves one wondering why it has taken so
long to reach this conclusion. Two years ago, Safety and Security
Minister Charles Nqakula said that South Africa was safer than it had
ever been and that the future was "rosy." Just a year ago, President
Mbeki claimed that crime was under control.
De Lange now admits that a "large percentage" of the 2 million crimes
reported each year are never solved due to a severe lack of
detectives, forensic experts and resources. Because 50% of all crime
scenes are not being combed for forensic clues, there is often not
enough evidence to prosecute. 655,000 cases were last year thrown out
of court chiefly due to lack of evidence.
On average, only 6 cases are finalised every month in court. Some
cases have been postponed 50 times because there are not enough state
prosecutors (17% of state prosecutor posts are currently vacant) and
because regional courts sit for only three and a half hours per day.
De Lange also confirms what various victim surveys have said for years
– that a large number of cases go unreported because people have lost
faith in the criminal justice system. This, coupled with unreliable
police statistics, mean that we have no clear picture of the crime
situation. As de Lange says: "Our whole area of keeping statistics is
a completely and utterly fragmented and dysfunctional system."
De Lange's admissions are the first time that a Cabinet Minister has
acknowledged the extent of the problem. This is encouraging. So too,
is his stated urgency to complete the review of the criminal justice
system. As he said to the National Assembly, "the time-frame is
yesterday."
The DA already has a plan that would, if implemented, radically
overhaul the criminal justice system. Our plan deals with every
weakness identified by de Lange and more. In fact, it is more
far-reaching and wide-ranging than the set of proposals released by de
Lange last week.
To prevent crime before it occurs, we would increase the total number
of police officers to 250,000 – 60,000 more than government's stated
aim. To improve detection rates, the DA would employ 30,000 more
detectives, bringing the number to 52,500. To ensure that there is
sufficient evidence to prosecute cases effectively, we will increase
the number of forensic experts by eliminating all vacancies within six
months.
We recognise that quality is equally as important as quantity which is
why, under the DA's plan, all police officers will undergo rigorous
and specialised training. Those who demonstrate leadership potential
will be recruited into an elite training academy to hone their
policing and management skills. Police officers that do well will be
rewarded, those who do not deliver will not be kept on the force.
To solve the resource crisis, the DA would establish a national
register of police resources to identify those areas where shortages
are most acute. Every police officer would be issued with their own
full set of equipment.
Court backlogs would be rectified by employing 500 more prosecutors,
establishing 24 hour courts, extending the working week to six days
and encouraging legal practitioners in the private sector to do
occasional work as public prosecutors or legal aid lawyers.
We would also completely overhaul the way that information about crime
is managed and communicated. For example, we would introduce a Crime
Information Management System – a central database that would give the
police and the public access to real time information about crime
trends. Under this system, cases can be tracked, people on bail and
parole can be monitored and police station performance can be
scrutinised.
The DA's plan recognises that there are deficiencies in the system far
beyond those identified by de Lange. We understand, for example, that
the illegal narcotics trade and organised crime are increasingly
responsible for criminal activity. This is why we would reinstate the
South African Narcotics Bureau and it is why we would retain the
Scorpions. It is curious that, at the same time that a Cabinet
Minister admits that the criminal justice system is failing, his party
is doing its best to get rid of the best crime-fighting unit in the
country.
The DA would also introduce measures that put victims of crime first.
We will create a Directorate for Victims of Crime that will monitor
the response of officials to victims, administer a toll-free helpline
for victims and manage a Victims of Crime Fund to ensure that victims
have access to services and assistance. Any person suffering physical,
emotional or financial damage as a result of a crime would be able to
claim against it.
We believe that convicted criminals must serve the time they deserve.
For those serving life sentences, life will mean life, with no parole.
There will be no bail for repeat offenders for certain serious crimes,
including murder, rape and drug dealing; those who commit other
serious crimes will have to show cause as to why they should be
granted bail. No prisoner will qualify for parole unless he or she is
drug-free and has been so for at least six months.
I intend to discuss the DA's plan directly with Johnny de Lange and I
have written to him today to request such a meeting. One hopes that
his new-found resolve will make him amenable to a constructive
discussion on how crime can be eradicated in every corner of our
country.
I also intend to implement the DA's plan – as far as possible – in the
Western Cape if we win the province in next year's election. We will
show that, with the political will and the right policies, crime can
be beaten.
Some commentators have suggested that national policy will prevent the
DA from implementing our own crime policies in the Western Cape.
However, constitutional experts I have consulted confirm that policing
is a concurrent responsibility of national and provincial government
and that, in principle, there is no reason why the DA could not
formulate policy and pass legislation in individual provinces. We are
prepared to go all the way to the Constitutional Court to claim our
right to do so.
Government's willingness to admit its failures is an encouraging sign.
The tragedy is that, while government has dithered and denied, so many
lives have been lost. We must now look to the future with hope and
resolve. This is not a time to be overwhelmed, it is an opportunity to
change things for the better. If we move forward on that basis, I am
convinced we can win the war on crime.
Best Wishes
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