| (1) |
The functions of the offices of State Attorney shall be the performance in any court or in any part of the Republic of such work on behalf of the Government of the Republic as is by law, practice or custom performed by attorneys, notaries and conveyancers. |
| (2) |
There may also be performed at the offices of State Attorney like functions for or on behalf of the administration of any province, subject to such terms and conditions as may be arranged between the Minister of Justice and Constitutional Development and the administration concerned. |
| (3) |
Unless the Minister of Justice and Constitutional Development otherwise directs, there may also be performed at the offices of State Attorney like functions in or in connection with any matter in which the Government or such an administration as aforesaid, though not a party, is interested or concerned in, or in connection with any matter where, in the opinion of a State Attorney or of any person acting under his or her authority, it is in the public interest that such functions be performed at the said offices. |
| (4) |
The Minister of Justice and Constitutional Development shall after consultation with the Solicitor-General, who must consult with the State Attorneys, determine policy relating to the functions of the offices of State Attorney as set out in this section, which must include the following: |
| (a) |
The coordination and management of all litigation in which the State is involved; |
| (b) |
the briefing of advocates; |
| (c) |
the outsourcing of legal work, including the instruction of correspondent attorneys; |
| (d) |
initiating, defending and opposing of matters; and |
| (e) |
implementing alternative dispute resolution mechanisms in the resolution of litigation against the State, |
which must be observed by all persons appointed in the offices of State Attorney.
| (5) |
The policy relating to the functions of the offices of State Attorney referred to in subsection (4) and any amendments thereto must be— |
| (a) |
approved by Cabinet; and |
| (b) |
tabled in Parliament by the Minister of Justice and Constitutional Development. |
[Section 3 substituted by section 3 of Act No. 13 of 2014]
Protection of Businesses Act, 1978
