Cape courts in for a shake-up: Kahn

South Africa's justice system is to arm itself with an arsenal of new measures to jack up the courts and help beat crime.

Western Cape director of public prosecutions Frank Kahn disclosed details this week of comprehensive proposals to address the justice crisis.

The Western Cape legal fraternity is growing increasingly unhappy about problems in the justice system. But Kahn said these problems existed nationally too.

"But it is time credit is given for what we are doing to improve the situation. The justice system is in a process of transformation and while we acknowledge there are serious problems, several major initiatives to address the crises are under serious consideration on a national level.

"These will impact positively on the local justice system."

Kahn said far-reaching steps would do away with the controversial three-month high court recesses. The recesses are currently being reviewed by Justice Minister Penuell Maduna.

"If these were abolished it would make a material difference to the backlogs. We cannot afford to lose about 2 000 court days every year at all the high courts in the country. Criminals do not take a recess," said Kahn.

Other initiatives that are being considered include:

A grievance committee to whom "errant" and "unproductive" judges can be reported. Kahn said that did not mean that the

independence of judges would be affected.

Setting up a plea-bargaining system, comparable to the one used in the United States, to enable cases to be resolved more quickly.

Withdrawing magistrates from administrative duties to address a shortage of presiding officers.

Continuation of the much closer co-operation between prosecutors and police to help inexperienced police.

Six new regional courts have already been established in the Western Cape and will be followed soon by four more sex offences courts. This will bring the number of these sex courts to eight in the Peninsula.

Changes to legislation are being considered to allow magistrates courts to hear bail applications, which are normally heard by regional courts.

"This means the regional courts, which are currently clogged with bail applications, will be freed up to hear other cases," said Kahn.

Re-assessing an accused's right to silence is also under the spotlight. "Currently the state has to disclose information to the defence, but the accused can reserve his constitutional right to remain silent. We are looking at this aspect again."

Kahn said prosecutors' dissatisfaction with their salaries was also being addressed.

"We have a shortage of prosecutors. In fact, I have had a 50 percent turnover among my staff of 39 in the past two years. This means this office lost 270 years of experience.

"We will be increasing the number of prosecutors and we have also appointed chief prosecutors whose sole responsibility will be to manage different courts.

"Since 1987, the number of prosecutors in the country increased from 1 119 to 1 770. This was an increase of more than 70 percent.

"But in the same period the number of serious assault cases increased by 94 percent, murders increased by 153 percent, rape by 172 percent and robbery by 225 percent.

"And despite these increases, we still have a conviction rate of more than 90 percent of all the cases in the Cape High Court, and a murder conviction rate of more than 70 percent in the regional courts.

"We are acutely aware that there are problems, but we are doing a lot to improve the situation. People must realise that these things take time. There is light at the end of the tunnel, but it is a long tunnel."

Kahn said a monitoring programme had also been put in place at courts so the situation could be assessed and addressed continuously.

"The government realises the seriousness of the situation and we have been given more money in this year's budget. We are positive that things will improve," said Kahn.