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

Chapter 6 : General Provisions

33. Minister's final responsibility over prosecuting authority

 

(1) The Minister shall, for purposes of section 179 of the Constitution, this Act or any other law concerning the prosecuting authority, exercise final responsibility over the prosecuting authority in accordance with the provisions of this Act.

 

(2) To enable the Minister to exercise his or her final responsibility over the prosecuting authority, as contemplated in section 179 of the Constitution, the National Director shall, at the request of the Minister—
(a) furnish the Minister with information or a report with regard to any case, matter or subject dealt with by the National Director or a Director in the exercise of their powers, the carrying out of their duties and the performance of their functions;
(b) provide the Minister with reasons for any decision taken by a Director in the exercise of his or her powers, the carrying out of his or her duties or the performance of his or her functions;
(c) furnish the Minister with information with regard to the prosecution policy referred to in section 21(1)(a);
(d) furnish the Minister with information with regard to the policy directives referred to in section 21(1)(b);
(e) submit the reports contemplated in section 34 to the Minister; and
(f) arrange meetings between the Minister and members of the prosecuting authority.