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

Chapter 1 : Introductory Provisions

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"Deputy Director"

means a Deputy Director of Public Prosecutions appointed under section 15(1);

 

"Deputy National Director"

means a Deputy National Director of Public Prosecutions appointed under section 11(1);

 

"Director"

means a Director of Public Prosecutions appointed under section 13(1);

 

"Directorate of Special Operations"

[Definition deleted by section 1(a) of Act No. 56 of 2008]

 

"head of an Investigating Directorate"

means an Investigating Director referred to in section 7(3)(b);

[Definition substituted by section 1(b) of Act No. 56 of 2008]

 

"Investigating Director"
(a) means a Director of Public Prosecutions appointed under section 13(1)(b) as the head of an Investigating Directorate established in terms of section 7(1); and
(b) in Chapter 5, includes any Director referred to in section 13(1), designated by the National Director to conduct an investigation in terms of section 28 in response to a request in terms of section 17D(3) of the South African Police Service Act, 1995 (Act No. 68 of 1995 ), by the Head of the Directorate for Priority Crime Investigation;

[Definition substituted by section 1(c) of Act No. 56 of 2008]

 

"Investigating Directorate"

means an Investigating Directorate established by or in terms of section 7;

[Definition substituted by section 2(b) of Act No. 61 of 2000]

 

"investigation"

in Chapter 5, means an investigation contemplated in section 28(1);

[Definition inserted by section 2(c) of Act No. 61 of 2000]

 

"Minister"

means the Cabinet member responsible for the administration of justice;

 

"National Director"

means the National Director of Public Prosecutions appointed in terms of section 179(1)(a) of the Constitution;

 

"Office of the National Director"

means the Office of the National Director of Public Prosecutions established by section 5;

 

"prescribed"

means prescribed by regulation made under section 40;

 

"prosecuting authority"

means the single national prosecuting authority referred to in section 2;

 

"prosecutor"

means a prosecutor referred to in section 16(1);

 

"Public Service Act"

means the Public Service Act, 1994 (Proclamation 103 of 1994);

 

"Republic"

means the Republic of South Africa, referred to in section 1 of the Constitution;

 

"Special Director"

means a Director of Public Prosecutions appointed under section 13(1)(c);

 

"special investigator"

[Definition deleted by section 1(d) of Act No. 56 of 2008]

 

"specified offence"

means any matter which in the opinion of the head of an Investigating Directorate falls within the range of matters as contemplated in section 7(1), and any reference to the commission of a specified offence has a corresponding meaning;

[Definition substituted by section 1(e) of Act No. 56 of 2008]

 

"this Act"

includes the regulations.