Legislated to fail? The NPA is not delivering the outcomes South Africa needs

South Africa’s prosecution system is not delivering justice at the scale required – and the data shows why.

The report, Legislated to Fail? The Performance of the National Prosecuting Authority Since Inception tracks the NPA’s performance from 1998 to today. Its central finding is stark: while expenditure and staffing have increased significantly, performance has deteriorated over time.

The number of convictions has fallen dramatically. In 2024/25, the NPA secured just 172,160 convictions – around half of what was achieved two decades ago. Serious crime convictions have not recovered to late 1990s levels.

At the same time, headline conviction rates obscure the reality. These figures reflect only cases that proceed to verdict, excluding the majority of cases that are withdrawn or struck off. In practice, most cases never result in a conviction or acquittal.

Delay has become systemic. Cases take months or years to conclude. Backlogs are entrenched. Repeated postponements are routine. This is not a temporary bottleneck – it is a system that has a normalised delay.

These outcomes are not incidental. They are the product of structural weaknesses in the legislative framework governing the NPA – including constraints on appointments, funding, accountability, and operational independence.

The result is a prosecution system addressing only a small fraction of reported crime, with declining effectiveness over time.

South Africa cannot end impunity under these conditions.

The NPA urgently requires modernisation to meet the demands of today – and to restore the rule of law.

Read the full report: