South Africa
National Prosecuting Authority Act, 1998
Act 32 of 1998
- Published in Government Gazette 19021 on 3 July 1998
- Assented to on 3 July 1998
- There are multiple commencements
- [This is the version of this document as it was from 1 April 1999 to 11 January 2001.]
Provisions | Status |
---|---|
Chapter 3, section 9–10, section 12, section 17 | commenced on 1 August 1998 by Proclamation R77 of 1998. |
Chapter 1 (section 1); Chapter 2 (section 2–7); Chapter 3, section 8, section 11, section 13–16, section 18–19; Chapter 4 (section 20–25); Chapter 5 (section 26–31); Chapter 6, section 32–37, section 39–42; Chapter 7 (section 43–46) | commenced on 16 October 1998 by Proclamation R103 of 1998. |
Chapter 6, section 38 | commenced on 23 April 1999 by Proclamation R46 of 1999. |
Chapter 7, section 45(a), 45(b) | not yet commenced. |
- [Amended by Judicial Matters Second Amendment Act, 1998 (Act 122 of 1998) on 1 April 1999]
Chapter 1
Introductory provisions
1. Definitions
In this Act, unless the context otherwise indicates—"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996); (v)"Deputy Director" means a Deputy Director of Public Prosecutions appointed under section 15(1); (ii)"Deputy National Director" means a Deputy National Director of Public Prosecutions appointed under section 11(1); (iii)"Director" means a Director of Public Prosecutions appointed under section 13(1); (iv)"Investigating Director" means a Director of Public Prosecutions appointed under section 13(1)(b) as the head of an Investigating Directorate; (x)"Investigating Directorate" means an Investigating Directorate established under section 7(1); (xi)"Minister" means the Cabinet member responsible for the administration of justice; (viii)"National Director" means the National Director of Public Prosecutions appointed in terms of section 179(1)(a) of the Constitution; (ix)"Office of the National Director"means the Office of the National Director of Public Prosecutions established by section 5; (vii)"prescribed" means prescribed by regulation made under section 40; (xvi)"prosecuting authority" means the single national prosecuting authority referred to in section 2; (xv)"prosecutor" means a prosecutor referred to in section 16(1); (i)"Public Service Act" means the Public Service Act, 1994 (Proclamation 103 of 1994); (xiv)"Republic"means the Republic of South Africa, referred to in section 1 of the Constitution; (xii)"Special Director" means a Director of Public Prosecutions appointed under section 13(1)(c); (xiii)"this Act" includes the regulations. (vi)Chapter 2
Structure and composition of single national prosecuting authority
2. Single national prosecuting authority
There is a single national prosecuting authority established in terms of section 179 of the Constitution, as determined in this Act.3. Structure of prosecuting authority
The structure of the single prosecuting authority consists of—4. Composition of national prosecuting authority
The prosecuting authority comprises the—5. Office of National Director of Public Prosecutions
6. Offices of prosecuting authority at seats of High Courts
7. President may establish Investigating Directorates
Chapter 3
Appointment, remuneration and conditions of service of members of the prosecuting authority
8. Prosecuting authority to be representative
The need for the prosecuting authority to reflect broadly the racial and gender composition of South Africa must be considered when members of the prosecuting authority are appointed.9. Qualifications for appointment as National Director, Deputy National Director or Director
10. Appointment of National Director
The President must, in accordance with section 179 of the Constitution, appoint the National Director.11. Appointment of Deputy National Directors
12. Term of office of National Director and Deputy National Directors
13. Appointment of Directors and Acting Directors
14. Term of office of Director
15. Appointment of Deputy Directors
16. Appointment of prosecutors
17. Conditions of service of National Director, Deputy National Directors and Directors
18. Remuneration of Deputy Directors and prosecutors
19. Conditions of service of Deputy Directors and prosecutors, except remuneration
Subject to the provisions of this Act, the other conditions of service of a Deputy Director or a prosecutor shall be determined in terms of the provisions of the Public Service Act.Chapter 4
Powers, duties and functions of members of the prosecuting authority
20. Power to institute and conduct criminal proceedings
21. Prosecution policy and issuing of policy directives
22. Powers, duties and functions of National Director
23. Powers, duties and functions of Deputy National Directors
Any Deputy National Director may exercise or perform any of the powers, duties and functions of the National Director which he or she has been authorised by the National Director to exercise or perform.24. Powers, duties and functions of Directors and Deputy Directors
25. Powers, duties and functions of prosecutors
Chapter 5
Powers, duties and functions relating to Investigating Directorates
26. Definitions
27. Laying of certain matters before Investigating Director
If any person has reasonable grounds to suspect that a specified offence has been or is being committed or that an attempt has been or is being made to commit such an offence, he or she may lay the matter in question before the Investigating Director by means of an affidavit or affirmed declaration specifying—28. Inquiries by Investigating Director
29. Entering upon premises by Investigating Director
30. Preservation of secrecy and admissibility of evidence
31. Compensation regarding expenses
The Director-General: Justice may in his or her discretion, on the recommendation of the Investigating 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 inquiry be paid from State funds to that person.Chapter 6
General provisions
32. Impartiality of, and oath or affirmation by members of prosecuting authority
33. Minister’s final responsibility over prosecuting authority
34. Reports by Directors
35. Accountability to Parliament
36. Expenditure of prosecuting authority
37. Administrative staff
The administrative staff of—38. Engagement of persons to perform services in specific cases
39. Disclosure of interest and non-performance of other paid work
40. Regulations
41. Offences and penalties
42. Limitation of liability
No person shall be liable in respect of anything done in good faith under this Act.Chapter 7
Transitional arrangements
43. Transitional arrangements
44. Amendment or repeal of laws
The laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.45. Interpretation of certain references in laws
Any reference in any law to—46. Short title and commencement
This Act shall be called the National Prosecuting Authority Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2023
01 December 2021 amendment not yet applied
Amended by
Cybercrimes Act, 2020
22 October 2020 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2020
02 August 2017 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2017
02 October 2012 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2012
06 July 2009 amendment not yet applied
20 February 2009 amendment not yet applied
31 December 2007 amendment not yet applied
07 December 2001 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2001
12 January 2001 amendment not yet applied
23 April 1999
01 April 1999 this version
Amended by
Judicial Matters Second Amendment Act, 1998
16 October 1998
01 August 1998
03 July 1998
Cited documents 2
Legislation 2
1. | Constitution of the Republic of South Africa, 1996 | 4595 citations |
2. | Criminal Procedure Act, 1977 | 3627 citations |