NPA Internship Paper

Taylor Wright Internship Paper 1
Literature Review
The National Prosecuting Authority (NPA) was first established in 1998 from Section
179 (1) of the Constitution of the Republic of South Africa. The Bill of Rights and Section 179
of the 1996 Constitution of the Republic of South Africa create a single prosecuting authority.
The National Prosecuting Authority Act 32 of 1998 brings the NPA into existence. In August
1998, the first National Director of Public Prosecution (NDPP) was appointed. The NDPP in
South Africa is like the District Attorney in the United States. The Office of the NDPP was
established on August 1st, 1998, in terms of section 179 (1) of the Constitution. The NPA
comprises and is headed by the National Director, who is the head of the Office and manages the
Office. The NDPP is also in charge of managing the Directors of Public Prosecutions,
Investigating Directors and Special Directors, other members of the prosecuting authority
assigned to the Office, and members of the administrative staff at the Office. The NDPP also
reports to the Minister of Justice and Constitutional Development (About, 2008).
The NPA’s primary role is to institute criminal proceedings on behalf of the State,
perform functions incidental to the institution of these proceedings, and to discontinue
prosecutions. It consists of seven core business units: National Prosecutions Service (NPS),
Asset Forfeiture Unit (AFU), Occupational Health and Safety (OHS), Sexual Offences and
Community Affairs (SOCA), Specialized Commercial Crime Unit (SCCU), Witness Protection
Unit (WPU), and Priority Crimes Litigation Unit (PCLU). Each of these business units are
supported by Corporate Services. The following important laws have direct bearing on NPA
activities: NPA Act 32 of 1998, Witness Protection Act 112 of 1998, Prevention of Organized
Crime Act 121 of 1998, and Prevention and Combating of Corruption Activity 12 of 2004
(About, 2008).

The NPS are known as “The peoples lawyers”, and their core function is instituting and
conducting criminal prosecution on behalf of the state and victim support. They monitor client
satisfaction and manage the performance of the prosecutors in court as well as research new
developments in law. The National Prosecuting Services also coordinates and assists the offices
of the DPPs and Lower Court Prosecutors. The AFU was established to make crime unprofitable
by seizing assets that are proceeds of crime or that are used as instruments to commit crime. It
deals with cases involving all crime with special emphasis on corruption and organized crime.
Asset Forfeiture is a new area in South African law. The OHS unit was established to institute
criminal prosecution against employers or employees responsible for occupational injuries and
fatalities. It deals with cases involving all statutory offenses as contemplated in the Occupational
Health and Safety Act, Labor Relations Act, and Environmental law with special emphasis on
non-compliance with health and safety and culpable homicide (Sami-Kistnan, 2012).
The SOCA, WPU, SCCU, and PCLU units all make up the National Special Services
Division (NSSD). The SOCA unit is a specialized unit dealing with sexual offenses against
women and children. It manages multi-disciplinary support and care centers that care for
survivors of rape and other sexual offenses. These care centers are called Thuthuzela Care
Centers. The SOCA unit has several community out-reach programs and awareness programs to
create awareness of rape and sexual abuse occurring in cities and neighborhoods, and to
encourage citizens to speak out on these crimes. SOCA’s five core areas of focus are: sexual
offenses, child justice, domestic violence, maintenance, and awareness. The WPU mandate is
from the Witness Protection Act 112 of 1998. The core functions of the WPU include: creating
and maintaining successful support services for vulnerable and intimidated witnesses, and
ensuring successful relocation and reintegration of witnesses back into society. All functions and

duties are classified “Top Secret” at all times. The SCCU employs specialist prosecutors to
coordinate and guide the investigation and lead the prosecution of serious economic offenses and
commercial crimes. This unit investigates and prosecutes complex organized crimes and
commercial crime matters emanating from the South African Police Service (SAPS) Commercial
Branches. The PCLU was first established by Presidential Proclamation in March 2003. PCLU
objective is to manage and direct the investigations and prosecutions relating to the following:
cases which arise from the Truth and Reconciliation Commission (TRC), any priority crimes
determined by the NDPP, and serious national and international crimes, including treason,
sedition, terrorism, and sabotage (Sami-Kistnan, 2012).
At the NPA, the Office of the Chief Executive Officer (CEO) manages six supporting
units: Corporate Services (CS), Integrity Management Unit (IMU), Communication Unit (CU),
Strategy & Risk, Security & Risk Management, and Internal Audit. Corporate Services has four
subdivisions: Human Resource Management & Development (HRM&D), Information
Management Service Center (IMSC), Finance & Procurement (F&P), and Research & Policy
Information (R&PI) (Sami Kistnan, 2008). The HRM&D unit involves recruitment and retention
of staff members, training and development, employee wellness, organizational development,
and labor relations. The IMSC provides IT and information management to promote
effectiveness and efficiency of the NPA. The F&P unit is in charge of budgeting and payment of
salaries, procurement of goods and services, tender management, contract and fleet management,
and asset management. Lastly, the R&PI unit conducts research, as well as develops policies. It
is also in charge of any knowledge or information found for the NPA. The IMU initiates reviews
of the state and insures that all processes conducted by the state are ethical and have high levels
of integrity. The IMU coordinates Integrity Management Meetings with all Integrity Owners. In

these meetings, integrity standards for the NPA are developed and approved. The IMU also
successfully developed the NPA Code of Ethics document and launched it on December 9th,
2008. This code sets out the ethical values, standards, guidelines, and principles for employees
to observe during the execution of their duties. The CU participates in all planning and
implementation session in the Justice Crime Prevention and Security communication cluster.
Any inquiries and applications for the NPA go through the Communications Unit. The CU is in
charge of handling matters in the media involving the NPA. Also, the CU focuses on enhancing
the effectiveness of the internal communication channels and tools to manage internal
communication and information flow, including the internal newsletter and intranet. The S&RM
service center registers employee protection projects for threatened employees. It also conducts
pre-employment screenings for the NPA. The service center also implemented the Occupational
Health and Safety program. The Internal Audit assists the Audit Committee and management at
all levels, as well as reviews the adequacy and efficiency of the NPA’s network of control
processes to report findings and make recommendations to improve shortcomings (National,
2008-2009).
The role of a prosecutor at the NPA is assisting the court in arriving at the truth and just
verdict, and in arriving at a fair sentence based on evidence. A prosecutor at the NPA represents
community and victims in criminal trials and ensures that interests of victims and witnesses are
promoted and that victims are compensated. The key obligation of a prosecutor is to act with
integrity in a balanced and honest manner – without fear, favor, or prejudice (Sami-Kistnan,
2012).
There are two different courts that make up the NPA: the Lower/Regional Courts, and the
High Court. The Lower/Regional Courts handle trials such as occupational health and safety,

domestic violence and common assault, murder, aggravated robbery, sexual offenses, and tax
evasion. A prosecutor in the Lower/Regional Courts works his way up from Junior Prosecutor to
Control Prosecutor, to Senior Prosecutor, and finally to Chief Prosecutor. The High Court
handles high profile cases, common law offenses, legislated offenses (corruption, organized
crime, terrorism), and has only state advocates to try criminals. A Junior State Advocate works
his way up to a Senior State Advocate, and then finally to a DPP (Sami-Kistnan, 2012).
When joining the NPA, all new employees go through a screening process, including
security clearance, criminal background checks, and vetting. Other screening procedures include
a polygraph test, physical fitness tests, mental health assessment, comprehensive medical
examination, and driver competency. One that wishes to become a prosecutor must be trained.
This includes a one year learnership program for new entrants into the NPS, where they will be
trained on specifics related to prosecution. The course work includes: office management, skills
development, court administration, and intensive practical training on how to consult and prepare
potential witnesses and how to conduct prosecutions in court (Sami-Kistnan, 2012).
Agency Specific Review
The Sexual Offenses & Community Affairs (SOCA) unit was established in October
1999 with the main objective of eliminating all forms of gender-based violence against women
and children. The SOCA unit’s vision is justice and security for women and children by
protecting their dignity and freedom from violence and abuse. It specializes in dealing with
sexual offenses against women and children, and also conducts community out-reach and
awareness programs. This unit manages multi-disciplinary support and care centers that care for
survivors of rape and other sexual offenses. These care centers are called Thuthuzela Care

Centers (Sami-Kistnan, 2012). “Thuthuzela” is a Xhosa word meaning comfort. All of the
Thuthuzela Care Centers are located directly beside or connected to a hospital. There are
currently 25 Thuthuzela Centers in South Africa. At these centers, victims of rape and other
sexual offenses can come in any time of the day or night and receive medical treatment. Victims
are given an HIV and pregnancy test, and are also given a place to sleep. The goal of these
Thuthuzela centers is for the victim to leave the center feeling as if they have regained their
dignity and confidence. Advocate Thoko Majokweni, Director of the Sexual Offenses and
Community Affairs Unit at the NPA, says “They [Thuthuzela Care Centers] are a critical part of
South Africa’s anti-rape strategy, aiming to reduce secondary trauma for the victim, improve
perpetrator conviction rates, and reduce the lead time for finalizing cases” (Pirozzi, 2008)
During my internship, I was able to visit a Thuthuzela Center in Mamelodi, which is a township
in the city of Pretoria. The majority of victims that come to the Thuthuzela Center in Mamelodi
are under the age of ten.
Children’s court processes are to be taken into great consideration, especially when the
child is a victim of rape or sexual abuse. A children’s court must decide whether a child is in
need of care and protection. According to section 150 of the Children’s Act, a child is in need of
care and protection if the child has been exploited. Before the child is brought before the
children’s court, a designated social worker must investigate the matter and within 90 days
compile a report in the prescribed manner on whether the child is in need of care and protection.
If a children’s court finds that a child is in need of care and protection, the court may make any
order which is in the best interests of the child, which may be any of the following: confirming
that the guardian may retain control of the child, if the court finds this person suitable to provide

safety, or the guardian must make arrangement for the child to be taken care of in a partial care
facility (Children’s, 2005).
According to the Sexual Offenses Bill, any person who commits an indecent act with a
child below the age of 16 years, despite the consent of that child, is guilty of the offense of
having committed an indecent act with a child and is liable upon conviction to a fine or
imprisonment for a period not exceeding four years or to both a fine and such imprisonment.
Any person who commits an act which causes penetration with a child who is older than 12 but
younger than 16 years of age, despite the consent of that child, is guilty of the offense of having
committed such an act with a child and is liable upon conviction to a fine or imprisonment for a
period not exceeding six years or to both a fine and such imprisonment. In criminal proceedings
involving the alleged commission of a sexual offense, a court must declare a witness other than
the accused, who is to give evidence in those proceedings a vulnerable witness if the witness is a
child (Criminal, 2003).
The National Child Protection Register has a record of abuse inflicted on specific
children. The purpose of this register is to use the information in the Register in order to protect
these children from further abuse, to monitor cases and services to such children, to determine
patterns and trends of the abuse, and more. When a child has been raped or sexually abused,
medical treatment and testing is necessary, especially because of how common HIV is in South
Africa. A child may consent to his or her own medical treatment if the child is over 12 years of
age. Consent for an HIV test on a child may be given by the child, if the child is also 12 years of
age or under the age of 12 and is of sufficient maturity to understand the benefits, risks, and
social implications of such a test. A child may be tested for HIV only after proper counseling.
Post-test counseling must be provided by an appropriately trained person to the child, if the child

is of sufficient maturity to understand the implications of the result, and to the child’s guardian,
if they have knowledge of the test. No person may disclose the fact that a child is HIV-positive
without consent, except when necessary for the purpose of legal proceedings or in terms of an
order of a court (Children’s, 2005).
To respond to the problem of sexual offenses, special sexual offense courts are set up
across the country of South Africa. They are built in such a way that children get the necessary
care, respect, and support from the court. For example, there is a waiting room to make sure that
the child who is a victim of rape or sexual abuse does not come in contact with the person
accused. Toys are also available to make sure a relaxed atmosphere is created for the child. In
some cases, television is used to make sure that evidence by the victim is given in a comfortable
way. Victims may also lay a charge by opening a case at the various Thuthuzela Care Centers
located in South Africa (Sexual, 2012).
Relevant Course Material
So far in my college career, I have taken part in two criminal justice courses: Introduction
to Criminal Justice, and Criminology. The Introduction class covered most of the basic points of
the criminal justice system, not going into too much great detail. This course is definitely
applicable to my internship with the NPA because by covering all aspects of the criminal justice
system, it enabled me to be familiar with terminology used during my internship and things that
we witnessed in the courts or in the buildings we toured. The criminology course would have
been a bit more applicable had my internship dealt more with that field of criminal justice. Even
still, I do consider this knowledge helpful, even though my internship had to do with the courts.
The fact that I had not taken an American Courts class prior to going on this trip, forced me to

learn at a faster pace than my older classmates about the proceedings of a court room. Going
into my sophomore year of college and knowing what I do now with only two criminal justice
courses under my belt, I already feel comfortable and more prepared to take on the challenges
other criminal justice courses may provide for me to complete my degree.
Personal
I could not have asked for a better internship experience than the one I had at the NPA. It
was everything and more than what I had imagined an internship in the criminal justice field
would be like. Rewarding, entertaining, fulfilling, interesting, hands-on, personal, and
welcoming are just some of the words I would use to describe my experience. I am so very
fortunate that I was given the opportunity to talk personally with several magistrates and
prosecutors during my time at the NPA, as well as being supervised by a Chief Prosecutor and an
Advocate that has his own private law firm. I learned so much by observing various trials and
touring agencies that have connections with the NPA, such as SAPS metropolitan building, the
forensic lab, the correctional facility in Pretoria, the Mamelodi Courts, and the High Courts. I
learned something new every single day I was in South Africa, that affected positive changes in
me both professionally, as well as personally.

References
About the NPA (2008). In The national prosecuting authority of South Africa. Retrieved August
6, 2012, from http://www.npa.gov.za/ReadContent380.aspx
Children’s Act 38 of 2005. (2005). [PDF document]. Retrieved from Mr. Danie Nel.
Criminal Law (Sexual Offences) Amendment Bill. (2003). [PDF document]. Retrieved from
http://www.info.gov.za/view/DownloadFileAction?id=66609
National Prosecuting Authority. (2008-2009). Annual report 2008/09 [PDF document]. Retrieved
from http://www.info.gov.za/view/DownloadFileAction?id=12256
Pirozzi, . (2008). Thuthuzela care centers. In UNICEF South Africa. Retrieved August 6, 2012,
from http://www.unicef.org/southafrica/protection_998.html
Sami-Kistnan, K. (2012, May 21). Career opportunities within the National Prosecuting
Authority of South Africa (NPA) [PowerPoint slides]. Pretoria, SA
Sexual Offense's Courts (2012). In The courts of South Africa. Retrieved August 6, 2012, from
http://www.westerncape.gov.za/eng/pubs/public_info/C/32303/#17

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