Exploring a prosecutions strategy in the aftermath of the TRC
This paper explores possible prosecutorial strategies in dealing with South Africa's crimes of the past. It suggests that by applying certain criteria when deciding what cases to pursue that there are ways to tackle the most serious crimes of past in a fair manner and without exhausting prosecutorial resources. It offers prosecutors a means of identifying the most appropriate cases for prosecution in the light of the experiences of South Africa's Truth and Reconciliation Commission.
The proposed strategy sits somewhere between the extremes of prosecutorial discretion of doing nothing and attempting to prosecute every case that has a potential of success. It enjoins prosecutors to take note of the particular context of each crime under consideration. The paper also considers an alternative method of dealing with perpetrators who still wish to disclose in full. Rather than amending the prosecutions policy to provide the National Director of Public Prosecutions (NDPP) with amnesty type powers it suggests the use of plea and sentence agreements to facilitate full disclosure.
