Legislative reform needed for NPA to fight corruption effectively - Prosecutions Project

Legislative reform needed for NPA to fight corruption effectively - Prosecutions Project

The Prosecutions Project says South Africa’s capacity to prosecute serious crimes, including corruption, organised crime, and violent offences, has been progressively weakened by structural and legislative shortcomings dating back to the early years of the National Prosecuting Authority (NPA).

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The Prosecution Project is a national initiative that is agitating for a prosecution body that operates without fear, favour, or prejudice.

According to the organisation, a key concern is the National Prosecuting Authority Act, introduced in 1998 during a very different phase of South Africa’s democracy.

Project spokesperson Lukas Muntingh notes that significant changes have occurred since the Act was adopted, exposing flaws in the current legal framework.

He says the campaign has called for amendments to the legislation to ensure prosecutors can carry out their duties without fear, favour or prejudice, as required by the Constitution.

"If we look at where our criminal justice system is now, if we look at the extent of corruption and the lack of prosecutions, then we must come to the conclusion that the existing National Prosecuting Authority Act does not enable prosecutors to act without fear, favour or prejudice."

The organization says the prosecution service is also facing a range of structural challenges, such as limited financial independence, inadequate access to specialised expertise for complex cases, and leadership appointment processes that lack transparency and consistency.

Other issues include weak accountability mechanisms, salary structures that affect morale, and unclear mandates in prosecution-led corruption investigations.

The Prosecutor warns that without reform, corruption cases are likely to keep stalling, public confidence will continue to erode, and impunity will deepen, highlighting the need for a modern, fit-for-purpose prosecution framework that can operate without fear, favor, or prejudice.

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