Sunteți pe pagina 1din 11

Topic 1 & 4 : Prosecution of crime & docket disclosure

[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

National Prosecuting Authority Act 32 /1998:


20. Power to institute and conduct criminal proceedings. - (1) The power, as contemplated in s.179(2) and other relevant sections of the Constitution, to- (a) institute and conduct criminal proceedings on behalf of the State; (b) carry out any necessary functions incidental to instituting and conducting such criminal proceedings ; and (c) discontinue criminal proceedings, vests in the prosecuting authority and shall, for all purposes, be exercised on behalf of the Republic.
5

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

Office of the NDPP


NDPP
M Simelane

DNDPP: NSSD S Ramaite

DNDPP: Legal Affairs N Mokhatla

DNDPP: AFU W Hofmeyr

DNDPP: NPS N Jiba

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

CRITICAL PROVISION OF NPA ACT 32/1998


S.9(1):
Any person to be appointed as National Director, Deputy National Director or Director must- (a) possess legal qualifications that would entitle him or her to practise in all courts in the Republic; and (b) be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned. Viz DA v The President of RSA & 3 Others [2011] ZASCA 10 241)

[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.

S-ar putea să vă placă și