Criminal Procedure Act outdated and out of touch with today's crime in SA - Batohi

JOHANNESBURG - National Prosecuting Authority (NPA) head Advocate Shamila Batohi says South Africa’s criminal justice system is dysfunctional, and does not serve the interests of the people. 

Batohi was among those attending the Justice Department’s conference on the integration of the criminal justice system. The conference will also repeal the Criminal Procedure Act (CPA), which is the primary legislation used in criminal courts.

Batohi said the complete overhaul of the Criminal Procedure Act of 1977 was long overdue because as it stands, most of it is outdated and does not speak to the crimes of the day. 

Part of Tuesday's discussions were on Section 35 of the Constitution, which deals with the right to a fair and speedy trial.

"Cases take extremely long and [a] speedy trial is a right, but in a system that is in many ways dysfunctional, it's not really serving the interests of the people. There is so much that needs to be done to ensure that we can uphold those very lofty ideals in the Constitution. Because unless we make major reforms in the Constitution, you are right, those may still remain a fallacy," she said.

Batohi said prosecutors hoped that the overhaul of the CPA would help deal with the challenges of today, and strengthen the legal framework for the fight against crime.