The number of prosecutors has dwindled to alarming levels, with a critical shortfall in Port Elizabeth.
As a result, prosecutors are stretched, causing a detrimental effect on the criminal justice system.
National Prosecuting Authority (NPA) spokeswoman Bulelwa Makeke said the vacancy rate for the Eastern Cape division, as of March, was at 13%, reflecting 54 vacancies out of a total establishment of 422.
Nationally, the vacancy rate was at 17%.
While Makeke was not able to narrow this number down to Port Elizabeth specifically, The Herald is aware of at least 15 experienced prosecutors that have left the NPA in the past 24 months.
Scores more have quit their jobs in the magisterial and regional courts.
None of these positions have been filled.
One senior prosecutor in the Port Elizabeth office said the workload had become overwhelming.
He was now doing his cases, in addition to taking over the cases of his colleagues who had since resigned.
He said he felt stretched and was unable to give the necessary focus to each individual case.
State advocates Ilse Loots, Mzwamadoda Mnyani and Andre Canary, responsible for the successful prosecution of high-profile rape and murder cases, all left the NPA at the start of the year.
Advocate Jason Thysse, who is prosecuting rape and murder accused Zimbabwean Trust Tofa, leaves in December.
A founding member of the Asset Forfeiture Unit (AFU), advocate Willie Kingsley, retired in January last year after 16 years at the helm.
While advocate Siphokazi Cubungu stepped into Kingsley’s shoes in an acting position, she, too, has since left the prosecuting authority.
Another senior prosecutor said what was most concerning was that prosecutors with 20 to 30 years’ experience were leaving.
“That knowledge is gone now and is not being passed on like we did in the past to the younger prosecutors.”
The NPA’s financial constraints have also resulted in the suspension of the Aspirant Prosecutor Programme since 2015, which normally would have ushered in new legal graduates.
NPA boss Shaun Abrahams told parliament’s justice and correctional services committee in February that it could not afford to lose any more prosecutors or it would be catastrophic for crime prevention in the country.Abrahams told the committee that the NPA had a budget shortfall of R186-million in the 2018-19 financial year.
Makeke said the NPA’s current financial constraints meant that, for the past two years, it had been unable to fill vacancies.
“The situation impacts on the entire organisation and is not only confined to the Port Elizabeth office,” she said.
A deputy director for public prosecutions in Port Elizabeth, Indra Goberdan, said that naturally, with the loss of prosecutors, there was an increase in workload.
“There is a succession plan in place which has enabled us to successfully deal with the matters on the court roll,” she said.
Makeke said the NPA had lost 393 officials since 2016.
“The NPA lost 157 officials during the 2016-17 financial year, 205 during the 2017-18 financial year and 31 up to May in this financial year,” she said.
“As a result, our prosecutors are stretched and this has a detrimental effect on them, and in turn, on the criminal justice system.
“However, the NPA will [try to use] the human resources at its disposal, across all court platforms, in the most efficient manner possible.”
Makeke said the national Treasury was aware of the situation.
“It has been conceded that we made a compelling case for additional funding.”
Another prosecutor said that while they continued to strive to ensure justice was done, the time needed to consult adequately with witnesses had dwindled.
Institute for Security Studies researcher Lauren Tracey-Temba said yesterday that the ISS had conducted its own study aimed at better understanding prosecutorial decision-making and practices pertaining to the accused during the pre-trial phase.
“Our findings highlighted how prosecutors are working under extremely stressful conditions due to the declining budget, which has resulted in staff shortages, a high vacancy rate and inadequate resources,” she said.
“This has meant that the remaining prosecutors are battling to get through their increased caseloads, making them prone to burnout.
“Prosecutors also highlighted how they struggled to adequately prepare for their matters due to the large number of cases on the court roll each day.
“What was most apparent during our research is the impact that budget constraints and staff shortages are having on how prosecutors conduct their work, as well as on the quality of their work.
“These factors have important repercussions on ensuring that justice is being served, that cases are finalised in a timeous manner and that those who are most vulnerable are taken care of,” Tracey-Temba said.