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

Chapter 3 : Appointment, Remuneration and Conditions of Service of Members of the Prosecuting Authority

13. Appointment of Directors and Acting Directors

 

(1) The President, after consultation with the Minister and the National Director—
(a) may, subject to section 6(2), appoint a Director of Public Prosecutions in respect of an Office of the prosecuting authority established by section 6(1);
(aA ) [Section 13(1)(aA) deleted by section 4 of Act No. 56 of 2008]
(b) shall, in respect of any Investigating Directorate established in terms of section 7(1A), appoint a Director of Public Prosecutions as the head of such an Investigating Directorate; and

[Section 13(1)(b) substituted by section 6(b) of Act No. 61 of 2000]

(c) may appoint one or more Directors of Public Prosecutions (hereinafter referred to as Special Directors) to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the President by proclamation in the Gazette.

 

(2) If a vacancy occurs in the office of a Director the President shall, subject to section 9, as soon as possible, appoint another person to that office.

 

(3) The Minister may from time to time, but subject to the laws governing the public service and after consultation with the National Director, from the ranks of the Deputy Directors or persons who qualify to be appointed as Deputy Director as contemplated in section 15(2), appoint an acting Director to discharge the duties of a Director whenever the Director concerned is for any reason unable to perform the duties of his or her office, or while the appointment of a person to the office of Director is pending.