Justice and Constitutional Development Minister Mmamoloko Kubayi has confirmed that lifestyle audits will be implemented within the National Prosecuting Authority (NPA) during the current financial year.

This forms part of a broader intervention to strengthen integrity, improve prosecutorial effectiveness, and address public concerns about corruption and inefficiencies in South Africa’s criminal justice system.

Answering questions at the National Council of Provinces on Tuesday, Kubayi said the audits are vital for accountability. 

“One of the things that I think is non-negotiable for all individuals across the country, irrespective of their level, is lifestyle audits. Because with lifestyle audits, you can see the pattern, whether a person lives above their means, and whether within the family of that individual there’s inequality or assets or money that can be exchanged.”

She clarified that recent concerns raised by the National Director of Public Prosecutions (NDPP) about infiltration within the NPA were not necessarily systemic but reflected individual misconduct. “In a society where corruption exists, you are expected to have individuals who are corrupt,” she said.

Kubayi also addressed the workload of prosecutors, disputing claims that they are overwhelmed. She cited international comparisons, noting that in South Africa, District Court prosecutors have an average of 80 outstanding cases, and Regional Court prosecutors have 53.

“Apart from the criminal court work, prosecutors in both district and regional courts have dealt on average with 207 decision dockets in the past financial year. The number of verdict cases finalised in the past financial year per prosecutor was in district courts 105 cases per prosecutor, and in regional courts, 26 cases per prosecutor.”

By contrast, she said prosecutors in countries like Austria and France handle between 2,800 and 3,000 cases annually.

“In Austria alone, the average prosecutor receives 2,881 cases per year. In France, it’s 2,893 cases per year. From this example, it is clear that South African prosecutors are not overbearing with unreasonable caseloads as compared to other countries,” Kubayi said.

She added that conviction rates are more affected by the type and complexity of cases than by workload.

Regarding digital transformation, Kubayi announced that the NPA is actively developing innovative platforms aimed at enhancing case management and facilitating information-sharing. This initiative is bolstered by collaboration with the private sector and dedicated funding. These advanced systems are anticipated to greatly improve efficiency throughout the prosecutorial and investigative processes.

She also highlighted major gains in staffing and training. She said over 1,400 appointments were made in the last financial year, including 728 permanent prosecutors.

In addition, the NPA has rolled out 148 training programmes focusing on specialised areas such as corruption, commercial crime, and digital offences, while the Aspirant Prosecutor Programme continues to draw in new talent, she said. 

Moreover, Kubayi confirmed that the government is working on legislative changes to give the NPA full administrative and financial independence. Currently, the Director-General of the Department of Justice acts as the NPA’s accounting officer, a structure she said must change.

“We are working on reforms so that the Director-General of the Department of Justice does not become the accounting officer of the NPA,” she said.

She added that the goal is for the NPA to have its own Director-General or CEO.

Kubayi noted that the NPA’s performance has risen from 50 percent in 2020/21 to 73% in 2024. It also exceeded its asset recovery targets, securing R11 billion in freezing orders against a target of R10.4 billion.

“Let’s acknowledge where work has been done,” Kubayi said.

hope.ntanzi@iol.co.za 

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