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

Chapter 6 : General Provisions

38. Engagement of persons to perform services in specific cases

 

(1) The National Director may in consultation with the Minister, and a Deputy National Director or a Director may, in consultation with the Minister and the National Director, on behalf of the State, engage, under agreements in writing, persons having suitable qualifications and experience to perform services in specific cases.

 

(2) The terms and conditions of service of a person engaged by the National Director, a Deputy National Director or a Director under subsection (1) shall be as determined from time to time by the Minister in concurrence with the Minister of Finance.

 

(3) Where the engagement of a person contemplated in subsection (1) will not result in financial implications for the State—
(a) the National Director; or
(b) a Deputy National Director or a Director, in consultation with the National Director,

may, on behalf of the State, engage, under an agreement in writing, such person to perform the services contemplated in subsection (1) without consulting the Minister as contemplated in that subsection.

[Section 38(3) inserted by section 16 of Act No. 61 of 2000]

 

(4) For purposes of this section, 'services' include the conducting of a prosecution under the control and direction of the National Director, a Deputy National Director or a Director, as the case may be.

[Section 38(4) inserted by section 16 of Act No. 61 of 2000]

 

[Date of commencement of section 38: 23 April 1999]