Countries attended: Angola, Algeria, Botswana, Cape Verde, Egypt, Equatorial Guinea, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Sudan, Tunisia, Uganda, and Zimbabwe

Highlights of speeches/presentations:

The Honorable Minister of Justice & Constitutional Development, Mr. M E Surty, M P (R S A)

• Women to be empowered.  Judiciary to be manned by men and women of diverse backgrounds and experiences to enrich judgments that are handed down.

• Prosecuting Authorities to share their diverse views and engage each other on what are best practices.

• Politicians are not to be decision makers in terms of when prosecution is to be initiated and when they are to be withdrawn.

• Prosecutors to be individuals of integrity and honesty to enhance public confidence in the criminal justice system.

• Zero tolerance for corruption by prosecutors.  Honesty and integrity essential to avoid temptation to corruption.

Welcome Address by the APA President, Adv. M J Mpshe S C (R S A)

• The A P A aims, inter-alia, at promotion of efficient prosecution of offences, ensuring adherence to set prosecution standards, ensuring respect of human rights as required by international institution and ensuring continued cooperation amongst member countries to achieve A P A objectives.

•  It is also the objective of the A P A to harmonise legislations in member countries.

• The A P A seeks to maximize the participation of every member country.

• The conference reflected on :
      Our collective understanding of justice.
      Whether our understanding of justice is shared in our respective communities.
      Our ability to protect the vulnerable groups of our societies.

• A P A constitution entrenches collaborative partnership which is not characterized by dominance of one country over the other.  Relationships of member countries are based on mutual trust and co-operation.

Opening Remarks by the Vice President: Adv. Olo O’Bono,(Equatorial Guinea)

As prosecuting authorities on the African continent, we must continue to prosecute for justice. We may speak different languages, differ demographically – but this should not prevent us from co-operating with each other for the benefit of the African continent. APA constitutes a powerful tool that brings African states together; the association helps political, economical and social pioneers to collaborate with each other – within African states for the betterment / development of the Africa`s People.

Prof Barney Pityana: Principal and Vice Chancellor; University of South Africa (RSA)

Prof Pityana began his speech by quoting Plato; The republic X; 613 and the Merchant of Venice to drive the point of how morality affects justice. In trying to define the originality of the nature of justice he quotes Shakespears understanding of justice as the tyranny of power and rue by absolutes. He arrived at the conclusion that the reason we find ourselves sitting in conferences such as these, is because of political milieus that are doing their best not only to subvert justice, but to accord its meaning that is bereft of its original aspirations such as the one Plato and Shakespeare defined. He made the point that, while prosecutors have the power and discretion to prosecute by application of the law, such power may be abused and must be subject to appropriate checks and balances as provided in article 7 0f the African Charter for Human and Peoples Rights.  In outlining the role of prosecutors, Prof Pityana made the point that often that which is allowed by law, or where the law has failed to convict; does not mean that the action has moral value or character.

He moves from Thomas Pegge premise that all human beings stand in moral relationships to one another. Applying this premise on the notion that one is innocent until proven guilty, he asserts that this does not mean that one does not live under the shadow of suspicion until the courts pronounce otherwise.

Even where the courts may do so, it is often the case that under suspicion public officials, especially those for whom integrity and honor are a necessary part of the position they hold, would withdraw from public office as a result of suspicion of moral or criminal wrong doing.

In outlining this phenomenon, he uses South Africa as a case in point. He argues that the NPA has been under continued threat and pressure from politicians in order to protect public officials that have been accused of dishonorable conduct such as corruption, fraud and sexual indiscretions.  He further makes the point that while the conference discusses prosecutorial integrity, there’s a need to interrogate and investigate the collective mind of a nation that seem to have lost its soul and purpose.” we need to unearth what it is that has seen a culture of violence that dehumanizes others, grow at a time when human rights have pride of place in our nations founding document, our constitution, and have been extended into law. We need to understand why we have a society that seems to have been seduced by greed at the expense of common humanity and decency”.

JUDGE BERTELSMANN (RSA):

• Emphasized that the RSA constitution demands of prosecutors to be courageous, objective,  and individuals of integrity, with a moral base – this is underscored by the NPA Act;

• Prosecutors integrity is currently under fire; challenged in trials; accused of political influence;

• Prosecutors must be seen to be Upholding Standards – with no favor, fear or prejudice.  An example of this is Adv. Pikoli who has been recognized internationally, cementing the integrity of prosecutors;

• Being a prosecutor is not for the fainthearted; prosecutors must have character and ability, proper qualifications, discretion, support, the opportunity to study the law, and remunerated appropriately to resist influence and corruption; and

• Nothing and no one must be allowed to undermine the independence of the prosecution; once that independence is lost, the whole criminal justice system allows desperatism to take hold of the country

Discussant: Senior Deputy Prosecution Counsel, Mr Oyanga (Kenya)

• Prosecutors’ work has far reaching implications on persons’ rights to liberty, reputation and interests.

• Prosecutors’ must maintain highest standard of integrity.

• A National Prosecuting Policy has also been developed to provide guidelines for all public prosecutors that will facilitate legal, fair and informed decision making in the conduct of public prosecutions

• Prosecutors are held accountable for their work.  Public prosecution is a public function subject to public crutiny.

• Prosecutors are independent to the extent then decide what charges to prefer or not against the accused. Otherwise they are answerable to the Attorney General who is the principal prosecutor and exercise his constitutional mandate and power over public prosecutions by way of delegation.

Second Discussant: Mr P Mashele, Institute for Security Studies (R S A)

Mr Mashele’s paper interrogated the prosecutorial integrity and community expectations. He raised the following questions as points to ponder:

• The principle of prosecuting without fear or favor cannot be fully grasped if we do not appreciate the centrality of prosecuting authority to the administration of justice and the rule of law.

• Prosecutors must have a broader understanding the concept “justice”. How should African countries protect their prosecuting authorities from political interference and mudslinging? Political interference should not be understood as a one-way traffic flow, meaning, only from politicians to prosecutors. Prosecutors themselves can sometimes willingly extend favors to politicians in order to
  solicit political or material benefits.

• As prosecutors, how do we conduct ourselves, is our prosecutorial integrity beyond reproach? I know different prosecutorial authorities have a code of conduct which governs prosecutorial ethical behavior, how do African countries enforce these codes?

• How do we rid ourselves of corrupt elements within our systems? Let us focus less on refuting this perception and explore better ways of protecting authorities against corruption.

• Can our prosecutorial authorities ever be independent if the Head thereof is appointed by the Executive? As you engage with each other during this conference, I want you to look and scrutinize at this issue.

Adv. R Johnson: District Attorney, Bronx (USA)

In his address Adv Robert Johnson shared his observation on how the world has proved to be a global village as he has sat and listened to the presentation s in the morning and realized that challenges faced by Africa are not unique as the US is faced with similar setbacks. The political uncertainty and meddling in prosecutorial prerogative is also a challenge that prosecution finds itself battling with back home.

Has a diverse population of 1,3 million and is faced with the same diversity issues that south Africa in particular find themselves having to strategize and plan around. While prosecuting cases is vital he stresses the importance of alternative solutions that suit communities that we serve. Prevention is of paramount importance. His office through the Community affairs Unit, have initiated community out reach programmes that place communities at a strategic position as partners that become the prosecution’s eyes and ears. In this way the Community affairs Unit serves as a liaison between the DA and the Bronx community.

Programmes that the DA’s office has introduced:

• Adult workshop series: this includes workshops on the criminal justice system on various topics such as gang awareness, identify theft, domestic violence an safeguarding your child on the internet.

• Speakers and tours: conduct tours of the courthouse an making presentations to community groups, schools and faith based organizations.

• Operation Weed and seed-weeding out drug traffickers and violent gangs while seeding the community with educational programs to improve the quality of life.

• Mentoring program-providing insight into professions and providing guidance and positive reinforcement.

• Domestic Violence outreach program-six week workshop series on Unhealthy vs. Healthy relationship, while providing therapy to individuals.

• Youth trial advocacy program: 10 month high school program that gives students the opportunity to engage in a comprehensive analysis of the criminal justice system, while exploring various careers in law enforcement.

Discussant: Professor S Gutto (R S A)

• Professional integrity and understanding of societies are essential in the quest to bring justice to communities.

• Justice for communities is about making justice accessible to communities.

• Prosecutors occupy a very special space in the Criminal justice system.  They represent the State and therefore the people or communities which they serve.

• Justice system has to be reformed to enhance community participation.

• Legal literacy/awareness is also critical in making justice accessible.  Not enough has been done in South Africa and other African countries in this regard.

Community Justice By Shamila Batohi, Director of Public Prosecutions, KwaZulu Natal (RSA):

• The NPA original strategy was developed in 2002 with a focus on the decrease in the crime rate, safety and security, increase to confidence in the system

• But we realized that we were not achieving our vision of Justice in our Society. People did not feel safer or more secure. Crimes levels continue to be unacceptably high and people increasingly fear becoming a victim of crime

• Number of people feeling very unsafe at night more than doubled from 25% in 1998 to 58% in 2003. We were therefore not achieving our objectives

• The NPA Transformation program me – Serurubele – was introduced in 2004; a new strategy

• Objectives to have positive impact in society around justice and crime solutions, improved partner and stakeholder co-operation, closer engagement with communities and other stakeholders

• NPA needed to define what “justice” is, in the context of our vision meant

• Our customers, the victims of crime, often wanted things like: Reparation, Restitution, Reconciliation, Rehabilitation

• We needed therefore need to broaden the scope of the role of the prosecutor

• New 2020 Strategy was based on 12 design principles that guided the process: Outcomes-oriented; Reactivity; Social justice; Customer focus; Active partners

• Crime Prevention and Community Justice: Adopting a proactive approach to dealing with crime; Tackling the root causes of crime; and Becoming involved in the prevention of crime

• We needed to transform the traditional approach to prosecution; include a proactive approach; enhancing community participation

• We really needed to start looking at was a well run system seriously perusing larger social purposes like crime control.

• National Crime Prevention Strategy (NCPS)

• play a role in crime prevention

• What is Community Prosecutions?

• clearly defined targeted geographical area;

• problem-solving, public safety

• Partnerships

• prevention, intervention and enforcement

• community’s input

• integrated approach

• Nine pilot sites based on ten criteria:

• affected by high crime or else persistent levels of minor crime

• potential exists to reduce crime

• defined geographically

• SAPS high priority sites

• Senior public prosecutors

• Access to the identified community Access to the identified community

• Court infrastructure is available

• Support structures and services are available

• justify the costs and resources

• social and economic development

• Community Prosecution Guidelines developed were developed:

• definitions and broad principles

• toolkit

• monitoring and reviewing mechanisms

• The Pilot was researched with 20 Research Objectives

• The research showed that 4 KEY AREAS to be addressed in the Recommendations

• Structuring community prosecutions within the NPA
      Staffing recommendations
      Marketing strategy
      Monitoring and evaluating

• Challenges facing the NPA :
      Buy in by the entire organization
      Turf or territory issues
      Ethical issues, such as impartiality
      Displacement issues
      Maintaining prosecutorial role
      resistance from communities
      Time consuming and slow

 Discussant: UNICEF : Ethiopia, E B Lvungvist (Ethiopia)

• The work of UNICEF is based on principles of human rights and it is, therefore, imperative that they co-operate/collaborate with an association such as the APA.

• UNICEF assists in the establishment of standards of human rights internationally through conventions.  They also assist countries to submit reports on the implementation (or discharge of their obligations) of the international instruments, primarily focusing on issues or rights of children

• UNICEF speaks against the abuse of power and neglect of children.  Strong justice systems must be established which would prevent the abuses and neglect and ensure that there is appropriate and adequate compensation to victims in the event of the abuse occurring.

• More attention should be paid to the expansion and strengthening of the justice system to afford adequate protection to the vulnerable.

• The A P A needs to be aware of these atrocities which impair the enjoyment of human rights.

Adv Thoko Majokweni: Special Director of Public prosecutions, NPA (RSA)

•  Many innovative things come out of Africa; Africa is rich in traditional systems to prevent the vulnerable; these must exist side by side with current legal systems, creating a harmony within the two systems;

• There is a recognition that crimes know no borders, and sexual violence in particular, leaving long terms scars, and the APA acknowledges this;

• The UN study on Violence Against Children, and Violence Against Women identified many challenges facing the world.  It also recognized the Thuthuzela model as a best practice with its integrated management of sexual violence and addressing of altering systemic problems;

• In 2000 the South African Cabinet mandated the development of an Anti-Rape Strategy and the creation of the IDMT;

• An analysis of the criminal justice system trends which showed a decline in conviction rates in sexual offences, and that more alleged offenders are acquitted than convicted.

• The Anti-Rape Strategy framework identified three pillars of intervention: Prevention, Response and Support.

• Prevention :
  *    Actions must be focused on the individual level to address individuals not to offend and to reduce the risk of 
       exposure of the vulnerable
  *    The strategy needs to have short, medium and long term objectives
  *    The new Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 has gone some way to 
       address problems with the common law, such s expanding the definition of rape to include men
  *    Must look at the root causes of offending, and we need to develop strategies to deconstruct rape and understand 
       masculinity and femininity

• Response :
  *    The outcomes of the response of the Criminal Justice System is to reduce secondary victimization, reduce cycle
        times and increase the conviction rate
  *    This response must be victim cent red, court directed and have a multi-disciplinary approach

• Support :
  *    A study conducted wanted to understand why men rape, Factors giving rise to rape, Who are these perpetrators,
       Implications on prevention strategies;
  *    The emerging issues were: Culture of violence within communities, Patriarchal attitudes, values and norms that
       inform relationships with women, Substance abuse, Dysfunctional families, Immediate Sexual gratification,
       Inadequacies of the legal system, Socio-economic factors;
  *    Many myths emerged that perpetrators used to ‘explain’ the rapes which are      
       unacceptable;
  *    There is a great need for male mentors for our children; and
  *    Our discourse needs to be accessible to communities, making use of positive   
       messages and making use of high profile people to convey those messages.

Adv Val Lotan, Organised Crime- DPP KZN South Africa: “A rising Scourge”- Case Studies (RSA)

Forms of trafficking:

• Prostitution and pornography

• Forced labour-children sold for chap labour

• Illegal adoption,

• child soldiers,

• organ trafficking

• Women advertised as Fresh meat at a price and are the Face of violence

• Statistics: 12 million are enslaved,80% are women and girls

• This is a Human Rights crisis internationally; has a process: recruitment, transportation, exploitation, and for profit

Parallel Session, Ms P Mafani, National Coordinator, Thuthuzela Care Centres (RSA)

• The model has been recognized as an international best practice, and many countries have shown interest in it, including many from Africa.

• South Africa has 17 centre’s, and is in the process of rolling out 35 by the end of 2009

• The model seeks to manage sexual offences under one roof.

• The TCC is situated in a health care centre, and it is multi-disciplinary in nature, and is accessible 24 hours.

• The TCC has three objectives: to reduce secondary victimization; to improve the conviction rate; and to reduce cycle times to finalize cases.

• The TCC is linked to a dedicated Sexual Offences Court – this court is expected to have two dedicated prosecutors, a magistrate, a social worker (either government or an NGO), court preparation services, counseling services and intermediary services with a CCTV.

• Governance systems are put in place to ensure accountability.

• There are protocols which are designed and work shopped by all stakeholders, and which bind them all.

• There are monthly implementation meetings which address challenges and monitor services.

• The TCC is complimented by public education in communities.

• All role players are trained on a regular basis.

• Each stakeholder is responsible for financing their respective services.

• The IDMT and the NPA SOCA Unit is responsible for overall oversight of the project; to ensure basic infrastructure; addressing challenges; to coordinate the processes; and to ensure that all role-players are trained.

• The Process of the case involves: the report of the case at the police; immediate transportation to the TCC; examination of the victim; statement taken by the investigating officer; counsellors to support the victim; the Victim Assistant officer to assist the victim regarding keeping the victim informed about case and referring to appropriate services; the site coordinator to ensure that all services are coordinated by all role-players; the prosecutors who guide the investigation; and the case manager who is responsible for case tracking.

• The benefits include the community having more confidence in the system, restoring. dignity to the victim, and achieving the three objectives.

• The challenges facing health include the lack of trained doctors who do not know how to use crime kits, a shortage of doctors, and the provision of ARV’s.

• Challenges facing the police include lack of dedicated police assigned to the TCC, lack of vehicles, and lack of specialized training.

• The TCC is not a shelter – if a shelter is needed the victim is referred to a centre.

• It is essential that government supports the establishment of TCC’s.

• In South Africa, the TCC pilot was supported by donor funding, based on research that was done to establish the needs of victims – this was supported by the Minister of Justice

• 10 TCC’s are now financed by Treasury.

• Before establishing a TCC it is important to do a baseline of reported cases to measure impact on reporting once the TCC is operational.

• Input from UNICEF: the current funding is for South Africa to assist other African countries to set up TCC’s – this will come in the form of technical assistance to the third country.

• UNICEF will assist those countries to get funding to set up TCC’s as sexual violence is a priority for funders.

• TCC’s are restricted to victims of sexual violence, and will also deal with domestic. violence victims and then refer.

• Interested countries: Botswana, Angola, Malawi, Lesotho, Zimbabwe, Mozambique.

• A TCC Inter-Government Summit is planned for March 2009 – it will be essential for those countries to attend – need to understand legal frameworks and governmental structures of countries; may need to arrange study tours.

Closing Speech: DDPP Malawi

Honor to be a participant in this successful conference, go back home more learned than she came as she bets is the case with all the delegates. Acknowledged that while we strive to protect prosecutorial integrity it is important to understand the root causes of none integrity. Let us continue working together and help each other across our bounders. Thanked the president for good leadership and appeals to all members to continue supporting the role of the leader and ensuring that he has followers and not just taking a walk.
 

THE GAUTENG DECLARATION 2008

Aware of the resolutions adopted by the APA at its first, second and third Annual Conferences respectively, convinced of the fact that we are one African Community and must therefore work together in collaboration with other organizations both within the African Continent and internationally, including like-minded NGO’s and Agencies operating on the continent in an endeavor to protect the prosecutorial integrity of the African Prosecuting Authorities, and agreeing that the APA presents an opportunity for African States to harmonize legislations of member states and  form a co-operative partnership to build a united force in the fight against transnational crime;

Acknowledge the fact that crime knows no borders and member states need to drift towards one another to exchange best practices, ideas, strategies and methodologies in the fight against crime;

Commend the Executive Members of the APA for the ongoing smooth running of the association, in particular, the establishment of the APA website and the circulation of the English version of the Association’s constitution to members. Encourage all member states to participate actively in furthering the objectives of the association;

Aware of the need to increase APA membership of African Countries and the sustenance of existing membership, call upon the vice presidents of APA to facilitate this objective in pursuit of bettering the entire African Continent and to further submit progress reports in this regard annually;

Emphasize the crucial need for members to pay their annual subscription fees to ensure that the Association achieves its goals / objectives. Urge members to forward proof of every single payment made to the Secretary General. Urge also the Secretary General to provide members with full financial report at the next AGM;

Welcome with satisfaction the declaration of intent and eagerness by the following countries to embrace and implement the Thuthuzela Care Centre’s model:

• Angola
• Botswana
• Malawi
• Mozambique
  -    Lesotho
  -    Zimbabwe

Express support for the development of APA ethical principles that will guide and bind prosecutorial integrity which in turn compliment the Constitution of the APA;

Recognize the need for APA to adopt a peer review mechanism for prosecutors in Africa, and emphasize the need for the APA to review progress on previous resolutions taken on every first day of subsequent conference;

Urge the APA to support member states to rigorously defend the independence of prosecutorial structures to be free from political influence and interference. Call upon member states to explore better ways of fighting corruption within Prosecuting Authorities;

Agree that the APA will go ahead and forge collaborative and co-operative relations with the IAP, save for organizational membership thereof;

Encourage the APA to find a systematic way of best indigenous community driven justice practices to compliment current formal legal frameworks to aid African solutions to African problems;

Mindful of the divers nature, of organized crime as an emerging trend, aware of the fact that this is a new reality confronting all countries in Africa, and posing greater challenges to investigators and prosecutors. The APA, calls upon member states to unite and to collectively confront, address and resolve the problems and challenges of organized crime including human trafficking, domestic violence and sexual violence in Africa;

Agree that the ratification of the UN Guidelines on the role and functions of the prosecutors be deferred to the next AGM to give members an opportunity to interrogate same;

Express our gratitude to the South African Prosecuting Authority for hosting the 4^th Annual Conference and General Meeting of the APA; express again the deepest appreciation to the Government and the people of South Africa for their warm hospitality;

Urge member states to remain resilient, resolute and committed to the constitutional imperatives of the APA; and

Welcome with appreciation the resolution that Algeria will host the 5^th APA conference in 2009 whilst Botswana becomes a contingency host.