Magister Philosophiae - MPhil / The National Prosecuting Authority (NPA) is critical in the proper functioning of South Africa’s criminal justice system and upholding of the rule of law. And for it to play this critical role it must be independent from any external influence and manipulation and carry out its functions without fear, favour and prejudice. Once it allows external interference in its prosecutorial function it runs the risk of functioning with fear and favour of powerful forces in the society, thereby losing its independence. This may result in loss of trust in and support by the public of the rule of law. However, in recent history the NPA has taken decisions that raise questions about its independence. These questionable decisions involve high profile politicians and government officials who are, allegedly, involved in illegal and corrupt activities and practices, but are either not prosecuted, or credible cases against them are being suspiciously withdrawn. This state of affairs has caused uncomfortable allegations and counter allegations, all of which question the independence of the NPA, and these can no longer be ignored. State institutions, especially the security cluster, are allegedly heavily involved and the judiciary is threatened overtly when certain decisions go against some politicians. The study, therefore, is designed to investigate the extent to which the alleged interferences impact negatively with the administration of justice. It then assesses and evaluates the constitutional and legislative safeguards guaranteeing the independence of the NPA in order to determine if they are adequate enough to prevent the NPA from external executive and political interference in its prosecutorial decision-making function. To achieve this, the charging, prosecution and dropping of charges against Jacob Zuma, on various counts of corruption and other related matters will, inter alia, be the primary focus of the study. The study comes up with set of recommendations aimed at strengthening the integrity of the NPA, in particular, and the criminal justice system in general.

Magister Legum - LLM / Members of the National Prosecuting Authority (NPA) are required to be dedicated to the rule of law. Yet, recent and past decision-making has caused instability in the functioning of the NPA. The decision to prosecute or not to prosecute involves the exercise of discretion. The NPAs use of this discretion has been called into question on numerous occasions which has resulted in the erosion of its independence and credibility. There are constitutional and legislative provisions in place to guide prosecutors in the decision-making process which allows for a measure of accountability. However, the link between prosecutorial independence and accountability for decision-making is not clear when looking at recent and past decisions by the National Directors of Public Prosecutions. Therefore, an evaluation of the instability in the office of the National Director of Public Prosecutions during the period of 1998-2018 will be discussed. The research discusses the unwarranted intrusion on prosecutorial decision-making. Furthermore, external interfering has resulted in the loss of public confidence in the functioning of the NPA. The administrative duties of prosecutors are guided by constitutional and legislative procedures. Hence, the research will identify whether these procedures are efficient for the effective administration of the NPA. Key to the already mentioned will be providing recommendations on how to create stability in an institution that has been surrounded by instability for the past 20 years.

Thesis (M. A. (Social Work)) -- University of Limpopo, 2016 / This dissertation on the Evaluation of an Employee Assistance Programme determines the worth or value of the programme by assessing its effectiveness or ineffectiveness. It also seeks to determine if the target population was reached. This study evaluates the level of EAP awareness and utilization by prosecutors. It also focuses on the effectiveness of the programme in addressing their work and personal challenges. It further seeks to understand the level of referring prosecutors to the EAP by their supervisors. The study is evaluative in design and is based on evaluation theory. The population of the study comprises 31 prosecutors from all three Magistrate complexes within Capricorn District (Limpopo Province), namely, Mankweng, Polokwane and Seshego. The total number of prosecutors reached is 31. Data were collected through questionnaires from all the respondents. The study collected information on absenteeism, sick leave and disciplinary matters in order to measure EAP utilisation before and after the programme was introduced to employees. The wish was not successful because the Human Resources system utilised within the NPA did not capture such information as anticipated. The main findings of the study are that prosecutors are aware of the Employee Assistance Programme and most respondents who used the EAP referred themselves. It is clear that prosecutors are aware of the benefits obtained from the programme. Even though a large number of prosecutors were aware of the existence as well as the services offered by the EAP within the NPA, the utilisation rate of the programme was low. The other major finding is that the EAP within the NPA is underutilised. Lastly, the EAP within the NPA in Capricorn District, Limpopo Province is not effective in addressing prosecutors’ work and personal problems.

Magister Commercii - MCom / This thesis focuses on the National Prosecuting Authority (NPA) of South Africa between 1998 and 2017, by looking at whether it acts as an independent institution and if it strengthens the quality of democracy in the country. The research addresses various sub-research questions such as, what is independence? What is a quality democracy? Is the NPA able to foster democratic accountability? It further assesses to which extent executive influence and leadership instability affect the independence of the NPA, by looking at the relationship between the executive – the state Presidents’ and government officials – and the NPA, over the years, in terms of the law practiced. And lastly, whether the role of ANC has affected the NPA. These questions arise out of my interest to understand the NPA in terms of its constitutional mandate and how it impacts democracy. The principal concepts used to date indicates that democracy comprises several procedural norms. These democratic norms – accountability, the constraint of executive power, the separation of powers, and the rule of law form the bases for my research study; while other integral factors include independence, state capture, and dominant party systems. The research methodology for this thesis incorporated qualitative research, a case study, and triangulation. The research also included interviews, with Advocate Shaun Abrahams, Dr Silas Ramaite, Advocate Vusi Pikoli, Advocate Glynnis Breytenbach, Mr Steven Swart, Mr Lawson Naidoo, Mr Paul Hoffman, Dr Jeff Rudin, Professor Lukas Muntingh, Professor Lovell Fernandez, Mr Gareth Newham, and Advocate Mike Pothier as the interviewees. The data analysis and synthesis suggest that the lack of oversight of the NPA alongside the political dominance of the ANC has allowed for an infiltration of political influence within the institution resulting in the selective prosecution of high-profile cases. The data highlights the blurring of lines as a result of state capture which has tainted the NPA’s independence. The importance of this research study lies in the relationship of the NPA and democracy, as an erosion of the NPA essentially correlates with the weakening of democracy. Therefore it is vital to protect our independent institutions, like the NPA, as they strengthen our democracy, assist in upholding the rule of law and the Constitution.

The President, Thabo Mbeki, established the Directorate of Special Operations (DSO) in 1999 shortly after the general elections. The DSO was intended to supplement the efforts of the South African Police Services in combating crime. The unit would concentrate on national priority crimes and police corruption and would report to the National Director of Public Prosecutions (NDPP). The founder members of the DSO were identified in my research and open-ended interviews were conducted with them. The goal of my research was to understand the founder group's experience of the creation of the organisational culture of the DSO and what that experience meant to them . In particular, I wanted to establish what role the founder members of the DSO believed their values and beliefs played in creating the organisation's culture, and their perception of how those values influenced the leadership, management and organisation processes of the DSO. The public sector environment seldom offers opportunities to create something new and this was a unique experience. The founder members received no personal gain except the satisfaction of creating something that would be there for their descendants, something that would change the face of law enforcement forever and in fact, pioneer the troika methodology for the first time in the world within a permanent structure. The values of the founder members influenced their decision to join and they believed that the DSO would make a difference in the lives of ordinary South Africans. They were dedicated, committed, loyal and passionate. Their leadership inspired the members of the organisation and ensured the success of the DSO, despite the lack of resources, staff and legislation. This was an exciting time in the history of the organisation and many personal sacrifices were made. The founder members are proud of the achievements of the DSO and of having been a part thereof. It certainly was "a brilliant time".