The number of cases taken on by the prosecution service has declined at a time when recorded crime is increasing. In 1994/95, 350 200 prosecutions and 260 900 convictions took place. This decreased to 271 100 prosecutions and 211 800 convictions in 2000. The number of serious crimes, as recorded by the SAPS, increased by 481 000 between 1994 and 2000. There has, however, been a slight increase in the number of prosecutions and convictions between 1999 and 2000.

Number of prosecutions, convictions, cases to court and crime recorded

While the number of recorded serious crimes increased by 24% between 1994 and 2000, the number of prosecutions dropped by 23% and convictions by 19%. The chances of the average offender being caught and punished consequently declined after 1994.

Of the 271 057 cases the prosecution service took to trial in 2000, convictions were obtained in 211 762 cases. That is, once cases are successfully processed through most of the criminal justice system, with the suspects ending up in the accused box in court, their chances of being convicted were a high 78%. Unlike the police, however, prosecutors have the luxury of being able to decide which cases to take on.

Between April 1999 and July 2001, the country’s regional courts (which deal with the bulk of all serious criminal trials) finalised an average of 3 010 cases a month, but had an average of 43 500 cases per month outstanding on the courts’ rolls. The actual number of cases finalised per month by the regional courts increased over the 28-month period, but the number of new cases coming into the system increased at a greater rate. In July 2001, the average regional court was finalising just under 10 cases a month, some five cases per month below target.

The detention cycle time, or the average length of time awaiting trial prisoners remain incarcerated until the finalisation of their trials, rose considerable between 1996 and early 2002. In June 1996 the average awaiting trial prisoner spent 76 days in custody, by February 2002 this had increased to 139 custody days. This means that, on average, accused persons are imprisoned for four-and-a-half months awaiting the finalisation of their trial.