| (1) |
Subject to the provisions of section 179 and any other relevant section of the Constitution, this Act or any other law, a Director referred to in section 13(1)(a) has, in respect of the area for which he or she has been appointed, the power to— |
| (a) |
institute and conduct criminal proceedings and to carry out functions incidental thereto as contemplated in section 20(3); |
| (b) |
supervise, direct and co-ordinate the work and activities of all Deputy Directors and prosecutors in the Office of which he or she is the head; |
| (c) |
supervise, direct and co-ordinate specific investigations; and |
| (d) |
carry out all duties and perform all functions, and exercise all powers conferred or imposed on or assigned to him or her under any law which is in accordance with the provisions of this Act. |
| (2) |
In addition to the powers, duties and functions conferred or imposed on or assigned to an Investigating Director, such an Investigating Director or any person authorized thereto by him or her in writing may, for the purposes of criminal prosecution— |
| (a) |
institute an action in any court in the Republic; and |
| (b) |
prosecute an appeal in any court in the Republic emanating from criminal proceedings instituted by the Investigating Director or the person authorized thereto by him or her: |
Provided that an Investigating Director or the person authorized thereto by him or her shall exercise the powers referred to in this subsection only after consultation with the Director of the area of jurisdiction concerned.
| (3) |
A Special Director shall exercise the powers, carry out the duties and perform the functions conferred or imposed on or assigned to him or her by the President, subject to the directions of the National Director: Provided that if such powers, duties and functions include any of the powers, duties and functions referred to in section 20(1), they shall be exercised, carried out and performed in consultation with the Director of the area of jurisdiction concerned. |
| (4) |
In addition to any other powers, duties and functions conferred or imposed on or assigned to him or her by section 179 of the Constitution, this Act or any other law, a Director referred to in section 13(1)— |
| (a) |
shall, at the request of the National Director, submit reports to the National Director or assist the National Director in connection with a matter referred to in section 22(4)(a)(ii); |
| (b) |
shall submit annual reports to the National Director pertaining to matters referred to in section 22(4)(g); |
| (c) |
may, in the case of a Director referred to in section 13(1)(a), give written directions or furnish guidelines to— |
| (i) |
the Provincial Commissioner of the police service referred to in section 207(3) of the Constitution within his or her area of jurisdiction; or |
| (ii) |
any other person who within his or her area of jurisdiction— |
| (aa) |
conducts investigations in relation to offences; or |
| (bb) |
other than a private prosecutor, institutes or carries on prosecutions for offences; and |
| (d) |
shall, subject to the directions of the National Director, be responsible for the day to day management of the Deputy Directors and prosecutors under his or her control. |
| (5) |
Without limiting the generality of subsection (4)(c) and subject to the directions of the National Director, directions or guidelines under that subsection may be given or furnished in relation to particular cases and may determine that certain offences or classes of offences must be referred to the Director concerned for decisions on the institution or conducting of prosecutions in respect of such offences or classes of offences. |
| (6) |
The Director shall give to the National Director a copy of each direction given or guideline furnished under subsection (4)(c). |
| (a) |
is considering the institution or conducting of a prosecution for an offence; and |
| (b) |
is of the opinion that a matter connected with or arising out of the offence requires further investigation, |
the Director may request the Provincial Commissioner of the police service referred to in subsection (4)(c)(i) for assistance in the investigation of that matter and where the Director so requests, the Provincial Commissioner concerned shall, so far as practicable, comply with the request.
| (8) |
The powers conferred upon a Director under section 20(1) shall include the authority to prosecute in any court any appeal arising from any criminal proceedings. |
(9)
| (a) |
Subject to section 20(4) and the control and directions of a Director, a Deputy Director at the Office of a Director referred to in section 13(1), has all the powers, duties and functions of a Director. |
| (b) |
A power, duty or function which is exercised, carried out or performed by a Deputy Director is construed, for the purposes of this Act, to have been exercised, carried out or performed by the Director concerned. |
Magistrates' Courts "Lower Courts" Act, 1944
