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Date : 04/06/2004
Source: KwaZulu-Natal Provincial Government
Title: S Ndebele: National Prosecuting Authority Service Charter


ADDRESS BY KWAZULU-NATAL PREMIER, S'BU NDEBELE, AT THE LAUNCH OF THE NATIONAL PROSECUTING AUTHORITY SERVICE CHARTER, PIETERMARITZBURG, KWAZULU-NATAL, 4 June 2004

Judge President Vuka Tshabalala
Deputy Minister Johnny De Langa
Bulelani Ngcuka, National Director of Public Prosecutions
His counterpart in KwaZulu-Natal, Shamilla Batohi
Deputy National Director Jan Henning SC
eThekweni Mayor, Obed Mlaba
Msunduzi Mayor, Hloni Zoni
Advocates, prosecutors, senior counsel, lawyers
Friends and members of the media.

It is appropriate to remind all of us that the National Prosecuting Authority (NPA), developed under the guidance of our first Minister of Justice, the late Dr Dullah Omar, spearheaded the formation of the National Prosecuting Authority. And it is a tribute to Dullah's far sightedness and integrity that this body, the NPA, today takes this unique step towards achieving the goals set down by our government to give service delivery a priority. And I pay tribute to those who will follow in the steps of the late minister and have come up with this Service Charter to ensure service delivery to the people of South Africa.

It is also appropriate that the birth of this Charter takes place in KwaZulu-Natal where we have paid tribute to the late Dullah, who was also Minister of Transport, by renaming the EB Cloete Freeway, familiarly known as Spaghetti Junction to the Dullah Omar Interchange.

PROSECUTORS DOING IT WITH CONVICTION

The achievement of a professional corps of prosecutors appears to be an ideal that the current DPP is intent on achieving. This can only be achieved within a framework of a properly functioning judiciary at all levels - from the magistrates' court to the high court - police service, and the prosecutors. These three arms of the law have to work together.

Our Constitution, which is the supreme law of the land, had its spark of life in the Freedom Charter and look how far we have come today. All prosecutors in our country should see the NPA charter, as an ideal to strive for that must govern the daily discharge of their duties in helping the weak and oppressed against tyranny and against the criminal elements in our society, which must be combated.

It is therefore important that the partnership has to be reinforced between our prosecutorial service and the police.

WORKING TOGETHER FOR SERVICE DELIVERY

The charter we have before us commits prosecutors to serve with integrity, dignity, equity and professional expertise. It says prosecutors will strive for a strong commitment to accountability and continuous improvement in delivery. No different from what we as the KwaZulu-Natal Provincial Government have committed to the people of our province and to the country as a whole.

In the context of democracy this should be the ideal we strive for. But everyone has to come to the party. Serving people with the speed and professionalism expected poses challenges for the prosecutors who have to depend on our historically depleted police force. If the police system is weak it will not achieve their objectives. Both arms of law work in tandem with each other. It becomes more necessary than ever to form a closer relationship between the two.

DELIVERY CHARTER EXTENDED TO ALL SECTIONS OF GOVERNANCE

The NPA has made a commendable start with the setting out of its Charter, something that has to be emulated by others in public service. Every community can play its part by forming better relations with the police. And they too can produce a service charter to contribute to a better environment and life for all South Africans.

With the development of a professional spirit within the police service we will see the detection of crime and the prosecution of crime working in a co-ordinated way with perhaps fewer guilty persons getting off scot-free because of legal technicalities.

A better educated police service with a professional prosecutorial service guided by its own Charter can only mean enhancement in security and standards for society as large. This Charter must be looked upon as an incentive to the other members of society whose aim is it to combat crime such as the police service who should also strive for excellence in delivery.

Ultimately our taxpayers have a right to expect service.

GOOD GOVERNANCE

In line with our election commitment, and the need for a single government that is not fragmented and disparate, Pietermaritzburg is both the legislative and executive capital of our Province. It is therefore not surprising that this Charter takes birth here - the brainchild of prosecutors, some working as State Advocates, under the leadership of Shamilla Batohi.

For government to achieve its governance and development goals, it needs a corps of professional, competent and dedicated public servants. We therefore need public servants that will be a true servant of the people and who will deliver services impartially and expeditiously.

In my five years of office, one of our major priorities for the provincial government will be the strengthening of governance. Critical to the concept of governance is that government should observe the rule of law, be open, transparent, efficient and accountable. Secondly, in the manner in which it conducts its business, it should allow public participation and consultation. And finally, it should ensure that it meets the basic needs of the general populace.

When I looked at your Charter, I found an interactive dialogue between the servants of the State and the public. In pursuit of the goal of strengthening governance, my government will focus on consolidating peace, unity and reconciliation in the province, and will also focus on empowering the citizens of the province to participate in and influence these processes.

It is imperative that our people, traditional leadership and civil society in general, participate in the governance of our province. Equally, our public servants must conduct their activities within the ethos of putting our people first (Batho Pele), and bringing our people back in managing public affairs.

GIVE DEMOCRACY A CHANCE

Whatever we do, all our actions should be underpinned by our Constitution. It is the duty of our government and public service to promote a culture of human rights and respect for the Constitution.

A month ago as government we appealed to our critics to give us a chance to govern this province from a new beginning. You say the same to your critics as you have committed yourself to protecting lives and creating harmony and stability in our communities.

You have asked, prosecutors, for those who are unhappy to come to you and share their concerns. This is democracy in motion. Delivery does not come easy but I appeal to the communities at large to open your minds and heart to those who come to you offering transparency and accountability.

This Charter is a milestone in our own judicial future. Let you be judged for what you can offer.

Thank you.

Issued by: Office of the Premier, KwaZulu-Natal Provincial Government
4 June 2004

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