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

Chapter 6 : General Provisions

36. Expenditure of prosecuting authority

 

(1) The expenses incurred in connection with—
(a) the exercise of the powers, the carrying out of the duties and the performance of the functions of the prosecuting authority; and
(b) the remuneration and other conditions of service of members of the prosecuting authority,

shall be defrayed out of monies appropriated by Parliament for that purpose.

 

(2) The Department of Justice must, in consultation with the National Director, prepare the necessary estimate of revenue and expenditure of the prosecuting authority.

 

(3) The Director-General: Justice shall, subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999)—
(a) be charged with the responsibility of accounting for State monies received or paid out for or on account of the prosecuting authority; and
(b) cause the necessary accounting and other related records to be kept.

[Section 36(3) substituted by section 10(a) of Act No. 56 of 2008]

 

(3A) [Section 36(3A) deleted by section 10(b) of Act No. 56 of 2008]

 

(4) The records referred to in subsection (3) (b) shall be audited by the Auditor-General.

[Section 36(4) substituted by section 10(c) of Act No. 56 of 2008]

 

(5) The Director-General: Justice may, on the recommendation of the National Director and with the concurrence of the Minister of Finance, order that the expenses or any part of the expenses incurred by any person in the course of or in connection with an investigation contemplated in section 28(1) be paid from State funds to that person.

[Section 36(5) substituted by section 10(d) of Act No. 56 of 2008]