Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004
R 385
Maintenance Act, 1998 (Act No. 99 of 1998)Chapter 2 : Maintenance Courts and Court Officers4. Maintenance officers |
| (1) |
| (a) | Any public prosecutor to whom a Director of Public Prosecutions has delegated the general power to institute and conduct prosecutions in criminal proceedings in a particular magistrate's court shall be deemed to have been appointed as a maintenance officer of the corresponding maintenance court. |
| (b) | The National Director of Public Prosecutions shall, in consultation with the Minister, issue policy directions with a view to— |
| (i) | establishing uniform norms and standards to be observed by public prosecutors in the performance of their functions as maintenance officers under this Act; and |
| (ii) | building a more dedicated and experienced pool of trained and specialised maintenance officers. |
| (c) | The Minister shall cause a copy of any policy directions issued in terms of paragraph (b) to be tabled in Parliament as soon as possible after the issue thereof. |
| (2) | Subject to the laws governing the public service, the Minister, or any officer of the Department of Justice authorised thereto in writing by the Minister, may appoint one or more persons as maintenance officers of a maintenance court— |
| (a) | to appear in the maintenance court in proceedings under this Act; and |
| (b) | to exercise or perform any power, duty or function conferred upon or assigned to maintenance officers by or under this Act. |
