Acts Online
GT Shield

National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)

Chapter 4 : Powers, Duties and Functions of Members of the Prosecuting Authority

22. Powers, duties and functions of National Director

 

(1) The National Director, as the head of the prosecuting authority, shall have authority over the exercising of all the powers, and the performance of all the duties and functions conferred or imposed on or assigned to any member of the prosecuting authority by the Constitution, this Act or any other law.

 

(2) In accordance with section 179 of the Constitution, the National Director—
(a) must determine prosecution policy and issue policy directives as contemplated in section 21;
(b) may intervene in any prosecution process when policy directives are not complied with; and
(c) may review a decision to prosecute or not to prosecute, after consulting the relevant Director and after taking representations, within the period specified by the National Director, of the accused person, the complainant and any other person or party whom the National Director considers to be relevant.

 

(3) Where the National Director or a Deputy National Director authorised thereto in writing by the National Director deems it in the interest of the administration of justice that an offence committed as a whole or partially within the area of jurisdiction of one Director be investigated and tried within the area of jurisdiction of another Director, he or she may, subject to the provisions of section 111 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in writing direct that the investigation and criminal proceedings in respect of such offence be conducted and commenced within the area of jurisdiction of such other Director.

 

(4) In addition to any other powers, duties and functions conferred or imposed on or assigned to the National Director by section 179 or any other provision of the Constitution, this Act or any other law, the National Director, as the head of the prosecuting authority—
(a) with a view to exercising his or her powers in terms of subsection (2), may—
(i) conduct any investigation he or she may deem necessary in respect of a prosecution or a prosecution process, or directives, directions or guidelines given or issued by a Director in terms of this Act, or a case or matter relating to such a prosecution or a prosecution process, or directives, directions or guidelines;
(ii) direct the submission of and receive reports or interim reports from a Director in respect of a case, a matter, a prosecution or a prosecution process or directions or guidelines given or issued by a Director in terms of this Act; and
(iii) advise the Minister on all matters relating to the administration of criminal justice;
(b) shall maintain close liaison with the Deputy National Directors, the Directors, the prosecutors, the legal professions and legal institutions in order to foster common policies and practices and to promote cooperation in relation to the handling of complaints in respect of the prosecuting authority;
(c) may consider such recommendations, suggestions and requests concerning the prosecuting authority as he or she may receive from any source;
(d) shall assist the Directors and prosecutors in achieving the effective and fair administration of criminal justice;
(e) shall assist the Deputy National Directors, Directors and prosecutors in representing their professional interests;
(f) shall bring the United Nations Guidelines on the Role of Prosecutors to the attention of the Directors and prosecutors and promote their respect for and compliance with the abovementioned principles within the framework of national legislation;
(g) shall prepare a comprehensive report in respect of the operations of the prosecuting authority, which shall include reporting on—
(i) the activities of the National Director, Deputy National Directors, Directors and the prosecuting authority as a whole;
(ii) the personnel position of the prosecuting authority;
(iii) the financial implications in respect of the administration and operation of the prosecuting authority;
(iv) any recommendations or suggestions in respect of the prosecuting authority;
(v) information relating to training programmes for prosecutors; and
(vi) any other information which the National Director deems necessary;
(h) may have the administrative work connected with the exercise of his or her powers, the performance of his or her functions or the carrying out of his or her duties, carried out by persons referred to in section 37 of this Act; and
(i) may make recommendations to the Minister with regard to the prosecuting authority or the administration of justice as a whole.

 

(5) The National Director shall, after consultation with the Deputy National Directors and the Directors, advise the Minister on creating a structure, by regulation, in terms of which any person may report to such structure any complaint or any alleged improper conduct or any conduct which has resulted in any impropriety or prejudice on the part of a member of the prosecuting authority, and determining the powers and functions of such structure.

 

(6)

(a) The National Director shall, in consultation with the Minister and after consultation with the Deputy National Directors and the Directors, frame a code of conduct which shall be complied with by members of the prosecuting authority.
(b) The code of conduct may from time to time be amended, and must be published in the Gazette for general information.

 

(7) The National Director shall develop, in consultation with the Minister or a person authorised thereto by the Minister, and the Directors, training programmes for prosecutors.

 

(8) The National Director or a person designated by him or her in writing may—
(a) if no other member of the prosecuting authority is available, authorise in writing any suitable person to act as a prosecutor for the purpose of postponing any criminal case or cases;
(b) authorise any competent person in the employ of the public service or any local authority to conduct prosecutions, subject to the control and directions of the National Director or a person designated by him or her, in respect of such statutory offences, including municipal laws, as the National Director, in consultation with the Minister, may determine.

 

(9) The National Director or any Deputy National Director designated by the National Director shall have the power to institute and conduct a prosecution in any court in the Republic in person.