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 from 19 August 2024.]
- [Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.]
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 2, section 5(2)(dA), section 7(1)(a)(i)–(iii), (1A), (2)(a)–(c), (3)(a)–(b), (4)(a)(i)(aa)–(bb), (4)(a)(iiA); Chapter 3, section 13(1)(aA), section 15(1)(c); Chapter 3A (section 19A–19C); Chapter 4, section 23(1)–(2); Chapter 5, section 28(1)(d), section 30(2)(a)–(g), (3)(a)–(b), section 31(1)–(3); Chapter 6, section 36(3A), (5), section 38(3)–(4), section 40(2)(a)–(r), section 40A, section 41(3)–(7); Chapter 7, section 43A, section 45(a)–(b) | commenced on 12 January 2001 by Proclamation R3 of 2001. |
Chapter 4, section 21(3)–(5) | commenced on 31 December 2007. |
Chapter 7, section 43A(1)(a)–(b), (3)(a)–(b), (4)(a)–(c), (5)–(11) | commenced on 20 February 2009. |
Chapter 3, section 18(1)(a)–(b); Chapter 7, section 43B | commenced on 2 October 2012. |
Chapter 2, section 6(1)(a)–(b) | commenced on 2 August 2017. |
Chapter 3, section 12(6)(aA) | commenced on 22 October 2020. |
Chapter 2, section 5(2)(f), section 7(1A)(a)–(d); Chapter 3B (section 19D–19F); Chapter 5, section 29A; Chapter 7, section 43C | commenced on 19 August 2024. |
- [Amended by Judicial Matters Second Amendment Act, 1998 (Act 122 of 1998) on 1 April 1999]
- [Amended by National Prosecuting Authority Amendment Act, 2000 (Act 61 of 2000) on 12 January 2001]
- [Amended by Judicial Matters Amendment Act, 2001 (Act 42 of 2001) on 7 December 2001]
- [Amended by Criminal Law (Sentencing) Amendment Act, 2007 (Act 38 of 2007) on 31 December 2007]
- [Amended by National Prosecuting Authority Amendment Act, 2008 (Act 56 of 2008) on 20 February 2009]
- [Amended by National Prosecuting Authority Amendment Act, 2008 (Act 56 of 2008) on 6 July 2009]
- [Amended by Judicial Matters Amendment Act, 2012 (Act 11 of 2012) on 2 October 2012]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Judicial Matters Amendment Act, 2020 (Act 12 of 2020) on 22 October 2020]
- [Amended by Cybercrimes Act, 2020 (Act 19 of 2020) on 1 December 2021]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
- [Amended by National Prosecuting Authority Amendment Act, 2024 (Act 10 of 2024) on 19 August 2024]
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);"Deputy Director" means a Deputy Director of Public Prosecutions appointed under section 15(1);"Deputy National Director" means a Deputy National Director of Public Prosecutions appointed under section 11(1);"Director" means a Director of Public Prosecutions appointed under section 13(1);"Directorate of Special Operations" [definition of "Directorate of Special Operations" inserted by section 2(a) of Act 61 of 2000 and deleted by section 1(a) of Act 56 of 2008]"head of an Investigating Directorate" means an Investigating Director referred to in section 7(3);[definition of "head of an Investigating Directorate" inserted by section 2(a) of Act 61 of 2000, substituted by section 1(b) of Act 56 of 2008 and by section 2(a) of Act 10 of 2024]"Investigating Director"—(a)means a Director of Public Prosecutions appointed under section 13(1)(b) as the head of an Investigating Directorate established in terms of section 7; and[paragraph (a) substituted by section 2(b) of Act 10 of 2024](b)in Chapter 5, includes any Director referred to in section 13(1), designated by the National Director to conduct an investigation in terms of section 28 in response to a request in terms of section 17D(3) of the South African Police Service Act, 1995 (Act No. 68 of 1995), by the Head of the Directorate for Priority Crime Investigation;[definition of "Investigating Director" substituted by section 2(b) of Act 61 of 2000 and by section 1(c) of Act 56 of 2008]"Investigating Directorate" means an Investigating Directorate established by or in terms of section 7;[definition of "Investigating Directorate" substituted by section 2(b) of Act 61 of 2000]"Investigating Directorate against Corruption" means the Investigating Directorate against Corruption established by section 7(1A);[definition of "Investigating Directorate against Corruption" inserted by section 2(c) of Act 10 of 2024]"Investigation" in Chapter 5, means an investigation contemplated in section 28(1);[definition of "Investigation" inserted by section 2(c) of Act 61 of 2000]"member of the prosecuting authority" includes—(a)a member referred to in section 4;(b)a member of the prosecuting authority appointed at or assigned to the Office of the National Director as contemplated in section 5(2)(d);(c)an investigator referred to in section 5(2)(f);(d)financial investigators and analysts referred to in section 43B;(e)a member of the administrative staff appointed and employed in the Offices referred to in section 37;(f)a person engaged to perform services contemplated in section 38(1) or (3); and(g)a person performing services for the prosecuting authority in terms of a secondment or any other consultancy agreement in line with prosecutorial and investigation powers;[definition of "member of the prosecuting authority" inserted by section 2(d) of Act 10 of 2024]"Minister" means the Cabinet member responsible for the administration of justice;"National Director" means the National Director of Public Prosecutions appointed in terms of section 179(1)(a) of the Constitution;"Office of the National Director"means the Office of the National Director of Public Prosecutions established by section 5;"prescribed" means prescribed by regulation made under section 40;"prosecuting authority" means the single national prosecuting authority referred to in section 2;"prosecutor" means a prosecutor referred to in section 16(1);"Public Service Act" means the Public Service Act, 1994 (Proclamation 103 of 1994);"Republic"means the Republic of South Africa, referred to in section 1 of the Constitution;"Special Director" means a Director of Public Prosecutions appointed under section 13(1)(c);"special investigator" [definition of "special investigator" inserted by section 2(d) of Act 61 of 2000 and deleted by section 1(d) of Act 56 of 2008]"specified offence" means any matter which in the opinion of the head of an Investigating Directorate falls within the range of matters as contemplated in section 7(1), and any reference to the commission of a specified offence has a corresponding meaning;[definition of "specified offence" inserted by section 2(d) of Act 61 of 2000 and substituted by section 1(e) of Act 56 of 2008]"this Act" includes the regulations.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. 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 3A
***
[Chapter 3A inserted by section 8 of Act 61 of 2000 and repealed by section 5 of Act 56 of 2008]19A. ***
[section 19A inserted by section 8 of Act 61 of 2000 and repealed by section 5 of Act 56 of 2008]19B. ***
[section 19B inserted by section 8 of Act 61 of 2000 and repealed by section 5 of Act 56 of 2008]19C. ***
[section 19C inserted by section 8 of Act 61 of 2000 and repealed by section 5 of Act 56 of 2008]Chapter 3B
Appointment, remuneration and conditions of service of investigators
[chapter 3B inserted by section 6 of Act 10 of 2024]19D. Appointment of investigators
19E. Vetting of investigators
19F. Remuneration and conditions of service of investigators
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
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. Application
27. Reporting of matters to 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 report the matter in question to the head of an Investigating Directorate by means of an affidavit or affirmed declaration specifying—28. Inquiries by Investigating Director
29. Entering upon premises by Investigating Director
29A. Powers and functions of investigators
30. ***
[section 30 substituted by section 14 of Act 61 of 2000 and repealed by section 9 of Act 56 of 2008]31. ***
[section 31 substituted by section 14 of Act 61 of 2000 and repealed by section 9 of Act 56 of 2008]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
40A. ***
[section 40A deleted by section 58 of Act 19 of 2020]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
43A. Transitional arrangements relating to Directorate of Special Operations
43B. Transitional arrangements relating to financial investigators and analysts
43C. Transitional arrangements relating to Investigating Directorates
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
19 August 2024 this version
Commenced
03 April 2024
01 December 2021
Amended by
Cybercrimes Act, 2020
Read this version
22 October 2020
02 August 2017
02 October 2012
06 July 2009
20 February 2009
31 December 2007
07 December 2001
12 January 2001
23 April 1999
01 April 1999
16 October 1998
01 August 1998
03 July 1998
Cited documents 13
Act 13
1. | Criminal Procedure Act, 1977 | 3810 citations |
2. | Public Finance Management Act, 1999 | 2237 citations |
3. | Labour Relations Act, 1995 | 1981 citations |
4. | Local Government: Municipal Finance Management Act, 2003 | 1743 citations |
5. | Superior Courts Act, 2013 | 1660 citations |
6. | Prevention of Organised Crime Act, 1998 | 1120 citations |
7. | Financial Intelligence Centre Act, 2001 | 767 citations |
8. | Constitution of the Republic of South Africa, 1996 | 601 citations |
9. | Prevention and Combating of Corrupt Activities Act, 2004 | 377 citations |
10. | Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 | 136 citations |
Documents citing this one 210
Gazette 101
Judgment 89
Act 15
1. | Prevention of Organised Crime Act, 1998 | 1120 citations |
2. | Financial Intelligence Centre Act, 2001 | 767 citations |
3. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 437 citations |
4. | Prevention and Combating of Corrupt Activities Act, 2004 | 377 citations |
5. | Legal Practice Act, 2014 | 288 citations |
6. | Domestic Violence Act, 1998 | 140 citations |
7. | Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 | 136 citations |
8. | Child Justice Act, 2008 | 121 citations |
9. | Social Assistance Act, 2004 | 105 citations |
10. | Prevention and Combating of Trafficking in Persons Act, 2013 | 52 citations |
Government Notice 5
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Regulations relating to Investigating Directorate against Corruption, 2024 | Government Notice 5137 of 2024 | 19 August 2024 |