Public Service Commission Act, 1997
R 385
National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)Chapter 6 : General Provisions32. Impartiality of, and oath or affirmation by members of prosecuting authority |
| (1) |
| (a) | A member of the prosecuting authority shall serve impartially and exercise, carry out or perform his or her powers, duties and functions in good faith and without fear, favour or prejudice and subject only to the Constitution and the law. |
| (b) | Subject to the Constitution and this Act, no organ of state and no member or employee of an organ of state nor any other person shall improperly interfere with, hinder or obstruct the prosecuting authority or any member thereof in the exercise, carrying out or performance of its, his or her powers, duties and functions. |
(2)
| (a) | A National Director and any person referred to in section 4 must, before commencing to exercise, carry out or perform his or her powers, duties or functions in terms of this Act, take an oath or make an affirmation, which shall be subscribed by him or her, in the form set out below, namely— |
'I .................................................................
(full name)
do hereby swear/solemnly affirm that I will in my capacity as National Director/Deputy National Director of Public Prosecutions/ Director/Deputy Director of Public Prosecutions/ prosecutor, uphold and protect the Constitution and the fundamental rights entrenched therein and enforce the Law of the Republic without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the Constitution and the Law. (In the case of an oath: So help me God.)'.
| (b) | Such an oath or affirmation shall— |
| (i) | in the case of the National Director, or a Deputy National Director, Director or Deputy Director, be taken or made before the most senior available judge of the High Court within which area of jurisdiction the Office of the National Director, Director or Deputy Director, as the case may be, is situated; or |
| (ii) | in the case of a prosecutor, be taken or made before the Director in whose Office the prosecutor concerned has been appointed or before the most senior judge or magistrate at the court where the prosecutor is stationed, |
who shall at the bottom thereof endorse a statement of the fact that it was taken or made before him or her and of the date on which it was so taken or made and append his or her signature thereto.
