Legal Aid SA
Special Investigating Unit
National Prosecuting Authority
National Prosecutions Service
Office for Witness Protection
Asset Forfeiture Unit
Specialised Commercial Crime Unit
Specialised commercial crime courts (SCCC)
Priority Crimes Litigation Unit
Sexual Offences & Community Affairs Unit
Office of the Family Advocate
Legal Aid South Africa
Legal Aid South Africa was established in terms of Section 2 of the Legal Aid South Africa Act, 2014 (Act 39 of 2014), to provide state-funded legal aid and advice to eligible individuals to ensure access to justice and the realisation of individuals’ rights to legal representation in accordance with the Constitution.
The entity focuses on providing legal assistance to children, women, detainees, and in divorce or domestic violence cases and land rights matters. The entity will continue to prioritise providing legal assistance to eligible people over the MTEF period at the state’s expense. Expenditure is expected to increase at an average annual rate of 2.4%, from R2.2 billion in 2022/23 to R2.3 billion in 2025/26. Compensation of employees accounts for an estimated 79.6% (R5.3 billion) of total expenditure over the medium term, with the remaining 20.4% providing for goods and services and depreciation.
Cabinet has approved reductions amounting to R717.8 million over the next three years. To mitigate against these impacting negatively on performance, no new positions will be created, and the entity will recruit staff only for critical positions, and use savings from cost-containment measures and cash reserves.
The entity is set to derive 98.2% (R6.6 billion) of its revenue over the medium term through transfers from the department. This includes an additional allocation of R156 million from the Department of Agriculture, Land Reform and Rural Development to the entity’s land rights management unit.
These additional funds will be used to enhance the unit’s capability to provide legal representation in land rights matters (land reform, security of tenure, illegal evictions, unlawful occupations of land and restitution matters).
Special Investigating Unit (SIU)
The SIU derives its mandate from the SIU and Special Tribunals Act of 1996. Its primary function is to investigate serious malpractice, maladministration and corruption affecting the administration of stat institutions, and take or assist in taking appropriate and effective legal action against wrongdoers.
Cabinet has approved reductions on the unit’s budget amounting to R171.2 million over the MTEF period. To mitigate their impact on performance, the institution will implement cost-containment measures and use cash reserves. Despite these reductions, expenditure is expected to increase at an average annual rate of 9.4%, from R1.1 billion in 2023/24 to R1.5 billion in 2026/27.
This is mainly due to the unit’s plan to increase its number of personnel from 725 in 2023/24 to 900 in 2026/27, in line with its objective to increase the number of investigations finalised to root out maladministration and corruption at all levels of the state. The increase in personnel is expected to result in an increase in the number of investigations closed per year from 1 550 in 2023/24 to 1 780 in 2026/27.
Spending on compensation of employees is expected to increase at an average annual rate of 13.6%, from R723.8 million in 2023/24 to R1.1 billion in 2026/27. The unit expects to derive 37.6% (R1.4 billion) of its revenue over the medium term through transfers from the department and 57.3% (R2.5 billion) through charging client departments and state institutions for services rendered.
Total revenue is expected to increase at an average annual rate of 12.3%, from R1.1 billion in 2023/24 to R1.5 billion in 2026/27, mainly as a result of the projected increase in the number of billable hours for investigations and improved debt recovery.
National Prosecuting Authority
The National Prosecuring Authority was established in 1998 and comprises the National Directors of Public Prosecutions, Deputy National Directors of Public Prosecutions, Directors and Special Directors of Public Prosecutions and other members of the prosecuting authority appointed at or assigned to the NPA, and members of the administrative staff.
It provides a coordinated prosecuting service that ensures that justice is delivered to victims of crime through general and specialised prosecutions. It also removes profit from crime and rotects certain witnesses.
The National Prosecuring Authority has the power to:
- institute and conduct criminal proceedings on behalf of the State,
- carry out any necessary functions incidental to instituting and conducting such criminal proceedings), and
- discontinue criminal proceedings.
The Deputy National Directors of Public Prosecutions are responsible for the following divisions:
- the National Prosecutions Service (NPS).
- Asset Forfeiture Unit (AFU) and International Relations.
- Legal Affairs.
- Administration.
The Special Directors of Public Prosecutions head the following specialised units:
- Sexual Offences and Community Affairs (SOCA) Unit.
- Priority Crimes Litigation Unit.
- Office for Witness Protection (OWP).
Over the medium term, the authority will focus on:
- increased feelings of safety and security,
- improved investor confidence in South Africa through high-impact prosecution, and
- improved access to National Prosecuring Authorityservices for all.
To achieve these outcomes, the National Prosecuring Authorityplans to address key challenges in its operating environment, including stabilising the organisation, ensuring that sufficient financial and human resources are available to enable effective operations, improving public perceptions of the NPA and repairing its reputation, and enhancing collaboration and cooperation between all criminal justice agencies.
National Prosecutions Service (NPS)
The National Prosecutions Service is a core division of the NPA, responsible for general and specialised criminal prosecutions. The Directors of Public Prosecutions are the heads of their respective areas of jurisdiction, which are established according to provincial demarcations in each of the seats of the high courts. All the public prosecutors and state advocates working in the district, regional and high courts fall under the responsibility and direction of the Directors of Public Prosecutions. The Special Directors of Public Prosecutions are appointed to carry out certain functions and responsibilities related to a particular crime type, as assigned by the President by proclamation in the Government Gazette.
Office for Witness Protection (OWP)
The Office for Witness Protection is established in terms of the Witness Protection Act of 1998, and is headed by a director, appointed by and operating under the direction and authority of the Minister of Justice and Correctional Services, for the purpose of administering the Act.
The Office for Witness Protection is responsible for the protection (including temporary protection) of witnesses and related persons, in accordance with the Act. All OWP functions and duties are classified secret in terms of the Witness Protection Act of 1998.
Asset Forfeiture Unit (AFU)
The Asset Forfeiture Unit was established in May 1999 as a division of the NPA to focus on the implementation of Chapter 5 and Chapter 6 of the POCA of 1998. The unit was created to ensure that the powers in the Act to seize criminal assets would be used to their maximum effect in the fight against crime, in particular, organised crime. Criminal assets seized by the AFU are paid into the Criminal Assets Recovery Account. It seizes assets acquired from the proceeds of crime or that have been part of an offence through criminal or civil processes.
Specialised Commercial Crime Unit (SCCU)
The Specialised Commercial Crime Unit is mandated to investigate and prosecute commercial crimes and organized commercial crimes. The complexity of commercial crimes requires a more methodical and collaborative investigatory approach if investigations are to lead to a positive result for the state. For this reason, the relationship between commercial investigative branches of SAPS, especially the Directorate for Priority Crime Investigation (DPCI/Hawks), and the NPA is more synergistic. As an active participant in the ACTT, the SCCU actively identifies, investigates and fast tracks for prosecution corruption cases in the private and public sector.
Beyond investigating and prosecuting commercial crimes, the SCCU team is required, through ongoing engagements with local and international colleagues, to keep up with international commercial crime trends. Interactions are designed to inform SCCU on specific issues related to cross-border crime. For example:
- Organisation for Economic Development and Cooperation (OECD) with regard to issues related to the foreign bribery offences
- Financial Action Task Force (FATF) with regard to issues related to the money laundering offence.
- Global Action on Cybercrime, with regard to issues related to cybercrime.
Commercial crimes can be categorised as simple as bank fraud to more complex tax schemes to intricate cybercrimes that span the globe. The SCCU’s seasoned prosecutors are trained to understand, investigate, and prosecute each of these diverse types.
The SCCU is tasked with investigating and prosecuting case identified by the DPP and the DPCI as priorities. As well as managing the investigation and prosecution of complex cases referred by the Public Protector and SIU that require their specialised skills of the SCCU prosecutors. At a time when public corruption leads the news, the SCCU is tasked with investigating and prosecuting all public sector fraud and corruption allegations and making a determination on prosecution.
The global nature of some commercial crimes makes investigation and prosecution a challenge. The SCCU prosecutors are trained to understand the complexity of these crimes and are trained to navigate the global banking system used to hide illicit gains.
Specialised commercial crime courts (SCCC)
The DoJ&CD continues to play a crucial role in the fight against corruption through the implementation of the Anti- Corruption Strategy. Part of the department’s responsibility in combatting corruption is ensuring the effective and optimal functioning of the SCCCs, which are expected to be extended to all provinces that do not have these courts – over the medium term. Much success has been derived from the existing SCCC model which allows for a close integration of the work between prosecutors and investigators, and dedicated courts, ensuring that matters are quickly and effectively processed instead of having to await space on an open court roll.
Whilst it was initially envisaged that these courts would be set up in three years, the DoJ&CD was able to expedite this by establishing six courts in the 2020/21 financial year. In the 2021/22 and 2022/23 financial years, the department will ensure that the capacity and efficacy of the SCCCs is enhanced and optimised.
Priority Crimes Litigation Unit (PCLU)
The unit is mandated to tackle cases that threaten national security. It was created by a presidential proclamation. The primary function of the unit is to manage and direct investigations and prosecutions in respect of the non-proliferation of weapons of mass destruction (nuclear, chemical and biological).
Sexual Offences and Community Affairs (SOCA)
The SOCA unit’s mandate is to act against the victimisation of vulnerable groups, mainly women and children. The unit develops strategy and policy, and oversees the management of cases relating to sexual offences, domestic violence, human trafficking, maintenance offences and children in conflict with the law.
The unit aims to:
- improve the conviction rate in gender-based crimes and crimes against children;
- protect vulnerable groups from abuse and violence;
- ensure access to maintenance support; and
- reduce secondary victimisation.
One of the entity’s key achievements in ensuring government’s commitment to the fight against sexual offences and GBV is the establishment of Thuthuzela Care Centres – one-stop facilities located at public hospitals in communities where sexual assault is particularly high. The facilities are aimed at reducing secondary victimisation, improving conviction rates and reducing the cycle time for the finalisation of rape cases.
Office of the Family Advocate
The role of the Family Advocate is to promote and protect the best interests of children in civil disputes over parental rights and responsibilities. This is achieved by monitoring pleadings filed at court, conducting enquiries, filing reports, appearing in court during the hearing of the application or trial, and providing mediation services in respect of disputes over the parental rights and responsibilities of fathers of children born out of wedlock.
In certain instances, the Family Advocate also assists the courts in matters involving domestic violence and maintenance. Furthermore, litigants are obliged to mediate their disputes before resorting to litigation. Unmarried fathers can approach the Family Advocate directly for assistance without instituting any litigation. Children’s rights to participate in, and consult on, decisions affecting them have been entrenched; the Family Advocate is the mechanism whereby the voice of the child is heard.
Source: South Africa Yearbook 2023/24
