Documente Academic
Documente Profesional
Documente Cultură
[The NPA is] an institution integral to the preservation and maintenance of the rule of law.
The prosecuting authority has the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to criminal proceedings. It hardly needs stating that these are awesome powers and that it is central to the preservation of the rule of law that they be exercised with the 2 utmost integrity.
CRIMINAL PROSECUTIONS IN S A
In SA prosecution is State-driven Decision to prosecute/not is not in the hands of complainant/victim/grieving relatives Exception is private prosecutions viz Handout and NB Singh v Minister of Justice
3
LEGISLATIVE PROVISIONS
Constitution, s 179:
(1) there is a single national prosecuting authority in the Republic, structured in terms of an Act of Parliament (2) the prosecuting authority has the power to institute criminal proceedings on behalf of the state..... (6) The cabinet minister responsible for the administration of justice must exercise final responsibility over the prosecuting authority. 4
OTHER LEGISLATION
Criminal Procedure Act 51/1977 Other local: Prevention of Organised Crime Act 121/1998; Witness Protection Act 112/1998; Prevention & Combating of Corrupt Activities Act 12/2004 ; Sexual Offences Act 32/2007; Child Justice Act 75/2008
International: Implementation of Rome Statute of the International Criminal Court Act 6 27/2002
Structure of NPA
Minister Mr JT Radebe, MP Deputy Minister Mr AC Nel, MP DG: DoJ &CD Ms N Sindane
CEO: Vacant
SOCA
PCLU
SCCU
OWP
Regional Heads
Regional Heads
DPPs
Structure of NPA
NDPP at head, assisted by Deputies (DNDPPs) Each area of High Court jurisdiction headed by DPP, assisted by Deputies (DDPPs) Prosecutors appointed to do prosecutions in lower and High courts
8
WHO APPOINTS?
NDPP/DNDPPs & DPPs appointed by President, RSA DDPPs appointed by Minister of Justice
Prosecutors/State Advocates appointed by NDPP (with written authority to prosecute from DPP and subject to oath)
9
[116] I fail to see how qualities like integrity are not to be objectively assessed. An objective assessment of ones personal and professional life ought to reveal whether one has integrity.[117]Consistent honesty is either present in ones history or not, as are conscientiousness and experience.[118] Thus, the requirements of s 9(1)(b) of the Act are, in my view jurisdictional facts the objective existence of which are a prelude to the appointment of the NDPP.[121] It is clear that the President did not undertake a proper enquiry of whether the objective requirements 11 of s 9(1)(b) were satisfied.