National Prosecuting Authority Act, 1998

Act 32 of 1998

There are outstanding amendments that have not yet been applied. See the History tab for more information.

National Prosecuting Authority Act, 1998

Citation

Act 32 of 1998

Date

Language

English

Publication

Download PDF (108.0 KB)

Collections

Legislation subject areas
- Dispute Resolution and Mediation

Ask AI

Ask questions and understand this document faster using AI.

Skip to document content

South Africa

National Prosecuting Authority Act, 1998

Act 32 of 1998

Published in Government Gazette 19021 on 3 July 1998
Assented to on 24 June 1998
There are multiple commencements

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 7, section 45(a)–(b)	commenced on 1 April 1999.
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	commenced on 12 January 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.

[This is the version of this document as it was from 19 August 2024 to 28 February 2026.]

[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]

ACTTo regulate matters incidental to the establishment by the Constitution of the Republic of South Africa, 1996, of a single national prosecuting authority; and to provide for matters connected therewith.

WHEREAS section 179 of the Constitution of the Republic of South Africa, 1996 (Act No.108 of 1996), provides for the establishment of a single national prosecuting authority in the Republic structured in terms of an Act of Parliament; the appointment by the President of a National Director of Public Prosecutions as head of the national prosecuting authority; the appointment of Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament;AND WHEREAS the Constitution provides that the Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority;AND WHEREAS the Constitution provides that national legislation must ensure that the Directors of Public Prosecutions are appropriately qualified and are responsible for prosecutions in specific jurisdictions;AND WHEREAS the Constitution provides that national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice;AND WHEREAS the Constitution provides that the National Director of Public Prosecutions must determine, with the concurrence of the Cabinet member responsible for the administration of justice, and after consulting the Directors of Public Prosecutions, prosecution policy which must be observed in the prosecution process;AND WHEREAS the Constitution provides that the National Director of Public Prosecutions may intervene in the prosecution process when policy directives are not being complied with, and may review a decision to prosecute or not to prosecute;AND WHEREAS the Constitution provides that the prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings;AND WHEREAS the Constitution provides that all other matters concerning the prosecuting authority must be determined by national legislation;AND WHEREAS systemic corruption in society requires specialised, dedicated, multi-disciplinary measures to combat corruption;[paragraph 9 added by section 1 of Act 10 of 2024]AND TO ENSURE that the national prosecuting authority fulfils its constitutional mandate to provide, without limiting the investigative powers of the South African Police Service or the Directorate for Priority Crime Investigation, for—the establishment of the Investigating Directorate against Corruption, with investigative capacity, to prioritise and to investigate particularly serious criminal or unlawful conduct committed in serious, high-profile or complex corruption, commercial or financial crime; andthe necessary infrastructure and resources to perform these functions,[paragraph 10 added by section 1 of Act 10 of 2024]BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—[preamble substituted by section 1 of Act 61 of 2000 and amended by section 14 of Act 56 of 2008]

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—

(a)the Office of the National Director; and

(b)the offices of the prosecuting authority at the High Courts, established by section 6(1).

4. Composition of national prosecuting authority

The prosecuting authority comprises the—

(a)National Director;

(b)Deputy National Directors;

(c)Directors;

(d)Deputy Directors; and

(e)prosecutors.

5. Office of National Director of Public Prosecutions

(1)There is hereby established the National Office of the prosecuting authority, to be known as the Office of the National Director of Public Prosecutions.

(2)The Office of the National Director shall consist of the—

(a)National Director, who shall be the head of the Office and control the Office;

(b)Deputy National Directors;

(c)Investigating Directors and Special Directors;

(d)other members of the prosecuting authority appointed at or assigned to the Office;[paragraph (d) substituted by section 3(a) of Act 10 of 2024]

(dA)[paragraph (dA) inserted by section 3 of Act 61 of 2000 and deleted by section 2 of Act 56 of 2008]

(e)members of the administrative staff of the Office; and[paragraph (e) substituted by section 3(b) of Act 10 of 2024]

(f)investigators.[paragraph (f) addded by section 3(c) of Act 10 of 2024]

(3)The seat of the Office of the National Director shall be determined by the President.

6. Offices of prosecuting authority at seats of High Courts

(1)The Cabinet member responsible for the administration of justice—

(a)must establish an Office for the prosecuting authority at the seat of each Division of the High Court provided for in terms of section 6(1); and

(b)may, in consultation with the National Director, establish an Office for the prosecuting authority at the local seat of a Division contemplated in section 6(3)(c),

of the Superior Courts Act, 2013 (Act No. 10 of 2013).[subsection (1) substituted by section 26 of Act 8 of 2017]

(2)An Office established by this section shall consist of—

(a)the head of the Office, who shall be either a Director or a Deputy Director, and who shall control the Office;

(b)Deputy Directors;

(c)prosecutors;

(d)persons contemplated in section 38 (1); and

(e)the administrative staff of the Office.

(3)If a Deputy Director is appointed as the head of an Office established by subsection (1), he or she shall exercise his or her functions subject to the control and directions of a Director designated in writing by the National Director.

7. Investigating Directorates

(1)[subsection (1) deleted by section 4(a) of Act 10 of 2024]

(1A)There is hereby established, in the Office of the National Director, an Investigating Directorate to be known as the Investigating Directorate against Corruption to investigate, and carry out, any functions incidental to investigations—

(a)relating to serious, high-profile or complex corruption, commercial or financial crime cases—

(i)arising from the recommendations of commissions of inquiry;

(ii)referred to the Investigating Director by the National Director in terms of section 28(1)(b); or

(iii)referred to the Investigating Director in terms of section 27, subject to section 26(2);

(b)relating to additional related offences or categories of offences, including common law offences of—

(i)fraud;

(ii)forgery;

(iii)uttering;

(iv)theft; and

(v)any offence involving dishonesty;

(c)relating to additional related statutory offences or categories of statutory offences, including contraventions of—

(i)the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004);

(ii)the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998);

(iii)the Protection of Constitutional Democracy against Terrorist and Related Activities, 2004 (Act No. 33 of 2004);

(iv)the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(v)the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);

(vi)the Financial Intelligence Centre Act 2001 (Act No. 38 of 2001); and

(vii)any other statutory offence involving dishonesty; and

(d)where appropriate, institute criminal proceedings and carry out any necessary functions incidental to instituting criminal proceedings relating to any offence contemplated in paragraphs (a) to (c).

[subsection (1A) inserted by section 4(b) of Act 10 of 2024]

(1B)The President may, by proclamation in the Gazette, establish one or more additional Investigating Directorates in the Office of the National Director, in respect of matters that exclude those contemplated in subsection (1A).[subsection (1B) inserted by section 4(b) of Act 10 of 2024]

(2)Any proclamation issued in terms of this section—

(a)[paragraph (a) deleted by section 4(c) of Act 10 of 2024]

(b)shall be issued and may be amended or rescinded by the President on the recommendation of the Minister, the Cabinet member responsible for policing and the National Director; and;[paragraph (b) substituted by section 4(d) of Act 10 of 2024]

(c)must be submitted to Parliament before publication in the Gazette.

(3)The head of an Investigating Directorate, shall be an Investigating Director, and shall perform the powers, duties and functions of the Investigating Directorate concerned subject to the control and directions of the National Director.

(4)

(a)The head of an Investigating Directorate shall be assisted in the exercise of his or her powers and the performance of his or her functions by—

(i)one or more Deputy Directors;

(ii)prosecutors;

(iiA)investigators;[subparagraph (iiA) inserted by section 4(e) of Act 10 of 2024]

(iii)officers of any Department of State seconded to the service of the Investigating Directorate in terms of the laws governing the public service;

(iv)persons in the service of any public or other body who are by arrangement with the body concerned seconded to the service of the Investigating Directorate; and

(v)any other person whose services are obtained by the head of the Investigating Directorate,

and the persons referred to in subparagraphs (i) to (v) shall perform their powers, duties and functions subject to the control and direction of the head of the Investigating Directorate concerned.

(b)For the purposes of subparagraphs (iv) and (v) of paragraph (a)—

(i)any person or body requested by the head of an Investigating Directorate in writing to do so, shall from time to time, after consultation with the head of an Investigating Directorate, furnish him or her with a list of the names of persons, in the employ or under the control of that person or body, who are fit and available to assist the head of that Investigating Directorate as contemplated in the said subparagraph (iv) or (v), as the case may be; and

(ii)such a person or body shall, at the request of, and after consultation with, the head of the Investigating Directorate concerned, designate a person or persons mentioned in the list concerned so to assist the head of the Investigating Directorate.

[section 7 substituted by section 4 of Act 61 of 2000 and by section 3 of Act 56 of 2008]

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

(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.

(2)Any person to be appointed as the National Director must be a South African citizen.

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

(1)The President may, after consultation with the Minister and the National Director, appoint not more than four persons, as Deputy National Directors of Public Prosecutions.[subsection (1) substituted by section 5 of Act 61 of 2000]

(2)

(a)Whenever the National Director is absent or unable to perform his or her functions, the National Director may appoint any Deputy National Director as acting National Director.

(b)Whenever the office of National Director is vacant, or the National Director is for any reason unable to make the appointment contemplated in paragraph (a), the President may, after consultation with the Minister, appoint any Deputy National Director as acting National Director.

(3)Whenever a Deputy National Director is absent or unable to perform his or her functions, or an office of Deputy National Director is vacant, the National Director may, in consultation with the Minister, designate any other Deputy National Director or any Director to act as such Deputy National Director.

12. Term of office of National Director and Deputy National Directors

(1)The National Director shall hold office for a non-renewable term of 10 years, but must vacate his or her office on attaining the age of 65 years.

(2)A Deputy National Director shall vacate his or her office at the age of 65.

(3)If the National Director or a Deputy National Director attains the age of 65 years after the first day of any month, he or she shall be deemed to attain that age on the first day of the next succeeding month.

(4)[subsection (4) deleted by section 2(a) of Act 12 of 2020]

(5)The National Director or a Deputy National Director shall not be suspended or removed from office except in accordance with the provisions of subsections (6), (7) and (8).

(6)

(a)The President may provisionally suspend the National Director or a Deputy National Director from his or her office, pending such enquiry into his or her fitness to hold such office as the President deems fit and, subject to the provisions of this subsection, may thereupon remove him or her from office—

(i)for misconduct;

(ii)on account of continued ill-health;

(iii)on account of incapacity to carry out his or her duties of office efficiently; or

(iv)on account thereof that he or she is no longer a fit and proper person to hold the office concerned.

(aA)The period from the time the President suspends the National Director or a Deputy National Director to the time he or she decides whether or not to remove the National Director or Deputy National Director may not exceed 12 months.[paragraph (aA) inserted by section 2(b) of Act 12 of 2020]

(b)The removal of the National Director or a Deputy National Director, the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

(c)Parliament shall, within 30 days after the message referred to in paragraph (b) has been tabled in Parliament, or as soon thereafter as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of the National Director or Deputy National Director so removed, is recommended.

(d)The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves.

(e)The National Director or a Deputy National Director provisionally suspended from office shall receive, for the duration of such suspension, his or her full salary.[paragraph (e) substituted by section 2(c) of Act 12 of 2020]

(7)The President shall also remove the National Director or a Deputy National Director from office if an address from each of the respective Houses of Parliament in the same session praying for such removal on any of the grounds referred to in subsection (6)(a), is presented to the President.

(8)

(a)The President may allow the National Director or a Deputy National Director at his or her request, to vacate his or her office—

(i)on account of continued ill-health; or

(ii)for any other reason which the President deems sufficient.

(b)The request in terms of paragraph (a)(ii) shall be addressed to the President at least six calendar months prior to the date on which he or she wishes to vacate his or her office, unless the President grants a shorter period in a specific case.

(c)If the National Director or a Deputy National Director—

(i)vacates his or her office in terms of paragraph (a)(i), he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if his or her services had been terminated on the ground of continued ill-health occasioned without him or her being instrumental thereto; or

(ii)vacates his or her office in terms of paragraph (a)(ii), he or she shall be deemed to have been retired in terms of section 16(4) of the Public Service Act, and he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if he or she had been so retired.

(9)If the National Director or a Deputy National Director, immediately prior to his or her appointment as such, was an officer or employee in the public service, and is appointed under an Act of Parliament with his or her consent to an office to which the provisions of this Act or the Public Service Act do not apply, he or she shall, as from the date on which he or she is so appointed, cease to be the National Director, or a Deputy National Director and if at that date he or she has not reached the age at which he or she would in terms of the Public Service Act have had the right to retire, he or she shall be deemed to have retired on that date and shall, subject to the said provisions, be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her had he or she been compelled to retire from the public service owing to the abolition of his or her post.

13. Appointment of Directors and Acting Directors

(1)The President, after consultation with the Minister and the National Director—

(a)may, subject to section 6(2), appoint a Director of Public Prosecutions in respect of an Office of the prosecuting authority established by section 6(1);

(aA)[paragaph (aA) inserted by section 6(a) of Act 61 of 2000 and deleted by section 4 of Act 56 of 2008]

(b)shall, in respect of any Investigating Directorate established in terms of section 7 appoint 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, as a Director of Public Prosecutions as the head of such an Investigating Directorate; and[paragraph (b) substituted by section 6(b) of Act 61 of 2000 and by section 5 of Act 10 of 2024]

(c)may appoint one or more Directors of Public Prosecutions (hereinafter referred to as Special Directors) to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the President by proclamation in the Gazette.

(2)If a vacancy occurs in the office of a Director the President shall, subject to section 9, as soon as possible, appoint another person to that office.

(3)The Minister may from time to time, but subject to the laws governing the public service and after consultation with the National Director, from the ranks of the Deputy Directors or persons who qualify to be appointed as Deputy Director as contemplated in section 15 (2), appoint an acting Director to discharge the duties of a Director whenever the Director concerned is for any reason unable to perform the duties of his or her office, or while the appointment of a person to the office of Director is pending.

14. Term of office of Director

(1)Subject to subsection (2), a Director shall vacate his or her office on attaining the age of 65 years.

(2)A Special Director may be appointed for such fixed term as the President may determine at the time of such appointment, and the President may from time to time extend such term.

(3)The provisions of section 12(3), (4), (6), (7), (8) and (9), in respect of the vacation of office and discharge of the National Director, shall apply, with the necessary changes, with regard to the vacation of office and discharge of a Director.

15. Appointment of Deputy Directors

(1)The Minister may, subject to the laws governing the public service and section 16 (4) and after consultation with the National Director—

(a)in respect of an Office referred to in section 6(1), appoint a Deputy Director of Public Prosecutions as the head of such Office;

(b)in respect of each office for which a Director has been appointed, appoint Deputy Directors of Public Prosecutions; and

(c)in respect of the Office of the National Director appoint one or more Deputy Directors of Public Prosecutions to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the National Director.

[subsection (1) substituted by section 7 of Act 61 of 2000]

(2)A person shall only be appointed as a Deputy Director if he or she—

(a)has the right to appear in a High Court as contemplated in sections 2 and 3(4) of the Right of Appearance in Courts Act, 1995 (Act No. 62 of 1995); and

(b)possesses such experience as, in the opinion of the Minister, renders him or her suitable for appointment as a Deputy Director.

(3)If a vacancy occurs in the office of a Deputy Director, the Minister shall, after consultation with the National Director, as soon as possible appoint another person to that office.

16. Appointment of prosecutors

(1)Prosecutors shall be appointed on the recommendation of the National Director or a member of the prosecuting authority designated for that purpose by the National Director, and subject to the laws governing the public service.

(2)Prosecutors may be appointed to—

(a)the Office of the National Director;

(b)Offices established by section 6(1);

(c)Investigating Directorates; and

(d)lower courts in the Republic.

(3)The Minister may from time to time, in consultation with the National Director and after consultation with the Directors, prescribe the appropriate legal qualifications for the appointment of a person as prosecutor in a lower court.

(4)In so far as any law governing the public service pertaining to Deputy Directors and prosecutors may be inconsistent with this Act, the provisions of this Act shall apply.

17. Conditions of service of National Director, Deputy National Directors and Directors

(1)The remuneration, allowances and other terms and conditions of service and service benefits of the National Director, a Deputy National Director and a Director shall be determined by the President: Provided that—

(a)the salary of the National Director shall not be less than the salary of a judge of a High Court, as determined by the President under section 2 (1) of the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of 1989);

(b)the salary of a Deputy National Director shall not be less than 85 per cent of the salary of the National Director; and

(c)the salary of a Director shall not be less than 80 per cent of the salary of the National Director.

(2)If an officer or employee in the public service is appointed as the National Director, a Deputy National Director or a Director, the period of his or her service as National Director, Deputy National Director or Director shall be reckoned as part of and continuous with his or her employment in the public service, for purposes of leave, pension and any other conditions of service, and the provisions of any pension law applicable to him or her as such officer or employee, or in the event of his or her death, to his or her dependants and which are not inconsistent with this section, shall, with the necessary changes, continue so to apply.

(3)The National Director is entitled to pension provisioning and pension benefits determined and calculated under all circumstances, as if he or she is employed as a Director-General in the public service.

(4)The President may, whenever in his or her opinion it is necessary and after consultation with the Minister and the National Director, transfer and appoint any Director to any Office contemplated in section 6 (1) or Investigating Directorate, or as a Special Director.

18. Remuneration of Deputy Directors and prosecutors

(1)

(a)Subject to the provisions of this section, any Deputy Director or prosecutor shall be paid a salary in accordance with the scale determined from time to time for his or her rank and grade by the Minister after consultation with the National Director and the Minister for the Public Service and Administration, and with the concurrence of the Minister of Finance, by notice in the Gazette.[paragraph (a), previously unnumbered, numbered by section 9 of Act 11 of 2012]

(b)Cost-of-living adjustments of the scale determined by the Minister in terms of paragraph (a) shall be effected in accordance with the cost-of-living adjustments determined for legally qualified personnel in the Public Service.[paragraph (b) added by section 9 of Act 11 of 2012]

(2)Different categories of salaries and salary scales may be determined in respect of different categories of Deputy Directors and prosecutors.

(3)A notice in terms of subsection (1) or any provision thereof may commence with effect from a date which may not be more than one year before the date of publication thereof.

(4)The first notice in terms of subsection (1) shall be issued as soon as possible after the commencement of this Act, and thereafter such a notice shall be issued if circumstances, including any revision and adjustment of salaries and allowances of the National Director and magistrates since the latest revision and adjustment of salaries of Deputy Directors or prosecutors, so justify.

(5)

(a)A notice issued in terms of subsection (1) shall be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

(b)If Parliament by resolution disapproves such a notice or any provision thereof, that notice or that provision, as the case may be, shall lapse to the extent to which it is so disapproved with effect from the date on which it is so disapproved.

(c)The lapsing of such a notice or provision shall not affect—

(i)the validity of anything done under the notice or provision up to the date on which it so lapsed; or

(ii)any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the notice or provision.

(6)The salary payable to a Deputy Director or a prosecutor shall not be reduced except by an Act of Parliament: Provided that a disapproval contemplated in subsection (5)(b) shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary.

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

(1)The National Director may, on the recommendation of the head of an Investigating Directorate, appoint fit and proper persons as investigators of that Directorate.

(2)A person appointed as an investigator—

(a)must have at least a grade 12 certificate or a relevant diploma or degree; and

(b)must have—

(i)knowledge and relevant experience of criminal or forensic financial investigation; or

(ii)any other relevant experience.

(3)The National Director must, in the prescribed form, issue and sign an identity-type document to each person appointed as an investigator of that Directorate, which shall serve as proof that such person is an investigator.

[section 19D inserted by section 6 of Act 10 of 2024]

19E. Vetting of investigators

(1)Subject to subsection (2), no person may be appointed as an investigator, unless the person has been issued with a security clearance certificate following a vetting investigation conducted in terms of section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).

(2)Any investigator may from time to time, or at such regular intervals as the National Director may determine, be subjected to a further vetting investigation as contemplated in subsection (1).

(3)If the certificate referred to in subsection (1) is withdrawn, the National Director, after consultation with the State Security Agency and subject to section 2A(8) of the National Strategic Intelligence Act, 1994, may discharge the investigator concerned from the Investigating Directorate, following any disciplinary process.

[section 19E inserted by section 6 of Act 10 of 2024]

19F. Remuneration and conditions of service of investigators

(1)The remuneration, allowances and other service benefits of investigators are determined by the Minister, in consultation with the National Director, the Cabinet member responsible for public service and administration and the Cabinet member responsible for finance, by notice in the Gazette.

(2)

(a)If an officer or employee in the public service is appointed as an investigator, the period of his or her service as an investigator shall be calculated as part of and continuous with his or her employment in the public service, for purposes of leave credits, pension benefits and any other condition of service, and the provisions of any pension law applicable to him or her or, in the event of his or her death, to his or her dependants, which are not inconsistent with this section, shall, with the necessary changes, continue to apply to such officer or employee.

(b)If a member of the South African Police Service, or the Directorate for Priority Crime Investigation referred to in Chapter 6A of the South African Police Service Act, 1995 (Act No. 68 of 1995), or the Independent Police Investigative Directorate, is appointed as an investigator under this Act, the period of his or her service as a member shall be calculated as part of and continuous with his or her employment under the South African Police Service Act, 1995, or the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011), as the case may be, for purposes of leave, deemed pensionable service accrued and any other condition of service, and the provisions of any pension law applicable to him or her or, in the event of his or her death, to his or her dependants, which are not inconsistent with this section, shall, with the necessary changes, continue to apply to such officer or employee.

(3)The services of investigators in the Investigating Directorate shall, for the purposes of the application of Chapter IV of the Labour Relations Act, 1995 (Act No. 66 of 1995), be deemed to have been designated as an essential service in terms of section 71 of that Act.

(4)Subject to the provisions of this Act, the other conditions of service of investigators shall be determined in terms of the provisions of the Public Service Act: Provided that if a member of the South African Police Service, the Directorate for Priority Crime Investigation, or the Independent Police Investigative Directorate is appointed as an investigator under this Act, the conditions of service, including remuneration, allowances, pension and other service benefits applicable to such investigator, must be equal to, or not less favourable than, those conditions of service applicable to such investigator under the South African Police Service Act, 1995, or the Independent Police Investigative Directorate Act, as the case may be.

[section 19F inserted by section 6 of Act 10 of 2024]

Chapter 4
Powers, duties and functions of members of the prosecuting authority

20. Power to institute and conduct criminal proceedings

(1)The power, as contemplated in section 179 (2) and all 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.

(2)Any Deputy National Director shall exercise the powers referred to in subsection (1) subject to the control and directions of the National Director.

(3)Subject to the provisions of the Constitution and this Act, any Director shall, subject to the control and directions of the National Director, exercise the powers referred to in subsection (1) in respect of—

(a)the area of jurisdiction for which he or she has been appointed; and

(b)any offences which have not been expressly excluded from his or her jurisdiction, either generally or in a specific case, by the National Director.

(4)Subject to the provisions of this Act, any Deputy Director shall, subject to the control and directions of the Director concerned, exercise the powers referred to in subsection (1) in respect of—

(a)the area of jurisdiction for which he or she has been appointed; and

(b)such offences and in such courts, as he or she has been authorised in writing by the National Director or a person designated by the National Director.

(5)Any prosecutor shall be competent to exercise any of the powers referred to in subsection (1) to the extent that he or she has been authorised thereto in writing by the National Director, or by a person designated by the National Director.

(6)A written authorisation referred to in subsection (5) shall set out—

(a)the area of jurisdiction;

(b)the offences; and

(c)the court or courts, in respect of which such powers may be exercised.

(7)No member of the prosecuting authority who has been suspended from his or her office under this Act or any other law shall be competent to exercise any of the powers referred to in subsection (1) for the duration of such suspension.

21. Prosecution policy and issuing of policy directives

(1)The National Director shall, in accordance with section 179(5)(a) and (b) and any other relevant section of the Constitution—

(a)with the concurrence of the Minister and after consulting the Directors, determine prosecution policy; and

(b)issue policy directives, which must be observed in the prosecution process, and shall exercise such powers and perform such functions in respect of the prosecution policy, as determined in this Act or any other law.

(2)The prosecution policy or amendments to such policy must be included in the report referred to in section 35(2)(a): Provided that the first prosecution policy issued under this Act shall be tabled in Parliament as soon as possible, but not later than six months after the appointment of the first National Director.

(3)The prosecution policy must determine the circumstances under which prosecutions shall be instituted in the High Court as a court of first instance in respect of offences referred to in Schedule 2 to the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997).[subsection (3) added by section 7 of Act 38 of 2007]

(4)The National Director must issue policy directives pursuant to the policy contemplated in subsection (3), regarding the institution of prosecutions in respect of offences referred to in Schedule 2 to the Criminal Law Amendment Act, 1997.[subsection (4) added by section 7 of Act 38 of 2007]

(5)The prosecution policy and the policy directives contemplated in subsections (3) and (4) above, must be issued within three months of the date of the commencement of the Criminal Law (Sentencing) Amendment Act, 2007.[subsection (5) added by section 7 of Act 38 of 2007]

22. Powers, duties and functions of National Director

(1)The National Director, as the head of the prosecuting authority, shall have authority over the exercising of all the powers, and the performance of all the duties and functions conferred or imposed on or assigned to any member of the prosecuting authority by the Constitution, this Act or any other law.

(2)In accordance with section 179 of the Constitution, the National Director—

(a)must determine prosecution policy and issue policy directives as contemplated in section 21;

(b)may intervene in any prosecution process when policy directives are not complied with; and

(c)may review a decision to prosecute or not to prosecute, after consulting the relevant Director and after taking representations, within the period specified by the National Director, of the accused person, the complainant and any other person or party whom the National Director considers to be relevant.

(3)Where the National Director or a Deputy National Director authorised thereto in writing by the National Director deems it in the interest of the administration of justice that an offence committed as a whole or partially within the area of jurisdiction of one Director be investigated and tried within the area of jurisdiction of another Director, he or she may, subject to the provisions of section 111 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in writing direct that the investigation and criminal proceedings in respect of such offence be conducted and commenced within the area of jurisdiction of such other Director.

(4)In addition to any other powers, duties and functions conferred or imposed on or assigned to the National Director by section 179 or any other provision of the Constitution, this Act or any other law, the National Director, as the head of the prosecuting authority—

(a)with a view to exercising his or her powers in terms of subsection (2), may—

(i)conduct any investigation he or she may deem necessary in respect of a prosecution or a prosecution process, or directives, directions or guidelines given or issued by a Director in terms of this Act, or a case or matter relating to such a prosecution or a prosecution process, or directives, directions or guidelines;

(ii)direct the submission of and receive reports or interim reports from a Director in respect of a case, a matter, a prosecution or a prosecution process or directions or guidelines given or issued by a Director in terms of this Act; and

(iii)advise the Minister on all matters relating to the administration of criminal justice;

(b)shall maintain close liaison with the Deputy National Directors, the Directors, the prosecutors, the legal professions and legal institutions in order to foster common policies and practices and to promote co-operation in relation to the handling of complaints in respect of the prosecuting authority;

(c)may consider such recommendations, suggestions and requests concerning the prosecuting authority as he or she may receive from any source;

(d)shall assist the Directors and prosecutors in achieving the effective and fair administration of criminal justice;

(e)shall assist the Deputy National Directors, Directors and prosecutors in representing their professional interests;

(f)shall bring the United Nations Guidelines on the Role of Prosecutors to the attention of the Directors and prosecutors and promote their respect for and compliance with the above-mentioned principles within the framework of national legislation;

(g)shall prepare a comprehensive report in respect of the operations of the prosecuting authority, which shall include reporting on—

(i)the activities of the National Director, Deputy National Directors, Directors and the prosecuting authority as a whole;

(ii)the personnel position of the prosecuting authority;

(iii)the financial implications in respect of the administration and operation of the prosecuting authority;

(iv)any recommendations or suggestions in respect of the prosecuting authority;

(v)information relating to training programmes for prosecutors; and

(vi)any other information which the National Director deems necessary;

(h)may have the administrative work connected with the exercise of his or her powers, the performance of his or her functions or the carrying out of his or her duties, carried out by persons referred to in section 37 of this Act; and

(i)may make recommendations to the Minister with regard to the prosecuting authority or the administration of justice as a whole.

(5)The National Director shall, after consultation with the Deputy National Directors and the Directors, advise the Minister on creating a structure, by regulation, in terms of which any person may report to such structure any complaint or any alleged improper conduct or any conduct which has resulted in any impropriety or prejudice on the part of a member of the prosecuting authority, and determining the powers and functions of such structure.

(6)

(a)The National Director shall, in consultation with the Minister and after consultation with the Deputy National Directors and the Directors, frame a code of conduct which shall be complied with by members of the prosecuting authority.

(b)The code of conduct may from time to time be amended, and must be published in the Gazette for general information.

(7)The National Director shall develop, in consultation with the Minister or a person authorised thereto by the Minister, and the Directors, training programmes for prosecutors and investigators.[subsection (7) substituted by section 7 of Act 10 of 2024]

(8)The National Director or a person designated by him or her in writing may—

(a)if no other member of the prosecuting authority is available, authorise in writing any suitable person to act as a prosecutor for the purpose of postponing any criminal case or cases;

(b)authorise any competent person in the employ of the public service or any local authority to conduct prosecutions, subject to the control and directions of the National Director or a person designated by him or her, in respect of such statutory offences, including municipal laws, as the National Director, in consultation with the Minister, may determine.

(9)The National Director or any Deputy National Director designated by the National Director shall have the power to institute and conduct a prosecution in any court in the Republic in person.

23. Powers, duties and functions of Deputy National Directors

(1)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.[subsection (1), previously unnumbered, numbered by section 9 of Act 61 of 2000]

(2)[subsection (2) added by section 9 of Act 61 of 2000 and deleted by section 6 of Act 56 of 2008]

24. Powers, duties and functions of Directors and Deputy Directors

(1)Subject to the provisions of section 179 and any other relevant section of the Constitution, this Act or any other law, a Director referred to in section 13(1)(a) has, in respect of the area for which he or she has been appointed, the power to—

(a)institute and conduct criminal proceedings and to carry out functions incidental thereto as contemplated in section 20(3);

(b)supervise, direct and co-ordinate the work and activities of all Deputy Directors and prosecutors in the Office of which he or she is the head;

(c)supervise, direct and co-ordinate specific investigations; and

(d)carry out all duties and perform all functions, and exercise all powers conferred or imposed on or assigned to him or her under any law which is in accordance with the provisions of this Act.

(2)In addition to the powers, duties and functions conferred or imposed on or assigned to an Investigating Director, such an Investigating Director or any person authorized thereto by him or her in writing may, for the purposes of criminal prosecution—

(a)institute an action in any court in the Republic; and

(b)prosecute an appeal in any court in the Republic emanating from criminal proceedings instituted by the Investigating Director or the person authorized thereto by him or her:

Provided that an Investigating Director or the person authorized thereto by him or her shall exercise the powers referred to in this subsection only after consultation with the Director of the area of jurisdiction concerned.

(3)A Special Director shall exercise the powers, carry out the duties and perform the functions conferred or imposed on or assigned to him or her by the President, subject to the directions of the National Director: Provided that if such powers, duties and functions include any of the powers, duties and functions referred to in section 20(1), they shall be exercised, carried out and performed in consultation with the Director of the area of jurisdiction concerned.

(4)In addition to any other powers, duties and functions conferred or imposed on or assigned to him or her by section 179 of the Constitution, this Act or any other law, a Director referred to in section 13 (1)—

(a)shall, at the request of the National Director, submit reports to the National Director or assist the National Director in connection with a matter referred to in section 22(4)(a)(ii);

(b)shall submit annual reports to the National Director pertaining to matters referred to in section 22(4)(g);

(c)may, in the case of a Director referred to in section 13(1)(a), give written directions or furnish guidelines to—

(i)the Provincial Commissioner of the police service referred to in section 207(3) of the Constitution within his or her area of jurisdiction; or

(ii)any other person who within his or her area of jurisdiction—

(aa)conducts investigations in relation to offences; or

(bb)other than a private prosecutor, institutes or carries on prosecutions for offences; and

(d)shall, subject to the directions of the National Director, be responsible for the day to day management of the Deputy Directors and prosecutors under his or her control.

(5)Without limiting the generality of subsection (4)(c) and subject to the directions of the National Director, directions or guidelines under that subsection may be given or furnished in relation to particular cases and may determine that certain offences or classes of offences must be referred to the Director concerned for decisions on the institution or conducting of prosecutions in respect of such offences or classes of offences.

(6)The Director shall give to the National Director a copy of each direction given or guideline furnished under subsection (4)(c).

(7)Where a Director—

(a)is considering the institution or conducting of a prosecution for an offence; and

(b)is of the opinion that a matter connected with or arising out of the offence requires further investigation,

the Director may request the Provincial Commissioner of the police service referred to in subsection (4)(c)(i) for assistance in the investigation of that matter and where the Director so requests, the Provincial Commissioner concerned shall, so far as practicable, comply with the request.

(8)The powers conferred upon a Director under section 20(1) shall include the authority to prosecute in any court any appeal arising from any criminal proceedings.

(9)

(a)Subject to section 20 (4) and the control and directions of a Director, a Deputy Director at the Office of a Director referred to in section 13(1), has all the powers, duties and functions of a Director.

(b)Apower, duty or function which is exercised, carried out or performed by a Deputy Director is construed, for the purposes of this Act, to have been exercised, carried out or performed by the Director concerned.

25. Powers, duties and functions of prosecutors

(1)A prosecutor shall exercise the powers, carry out the duties and perform the functions conferred or imposed on or assigned to him or her—

(a)under this Act and any other law of the Republic; and

(b)by the head of the Office or Investigating Directorate where he or she is employed or a person designated by such head; or

(c)if he or she is employed as a prosecutor in a lower court, by the Director in whose area of jurisdiction such court is situated or a person designated by such Director.

(2)Notwithstanding the provisions of the Right of Appearance in Courts Act, 1995 (Act No. 62 of 1995), or any other law, any prosecutor who—

(a)has obtained such legal qualifications as the Minister after consultation with the National Director may prescribe; and

(b)has at least three years’ experience as a prosecutor of a magistrates’ court of a regional division,

shall, subject to section 20 (6), have the right to appear in any court in the Republic.

Chapter 5
Powers, duties and functions relating to Investigating Directorates

26. Application

(1)This Chapter only relates to Investigating Directorates.

(2)Nothing in this Chapter or section 7, derogates from any power or duty which relates to the prevention, combating or investigation of any offences and which is bestowed upon the South African Police Service in terms of any law.[subsection (2) substituted by section 7 of Act 56 of 2008]

[section 26 substituted by section 10 of Act 61 of 2000]

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—

(a)the nature of the suspicion;

(b)the grounds on which the suspicion is based; and

(c)all other relevant information known to the declarant.

[section 27 substituted by section 11 of Act 61 of 2000]

28. Inquiries by Investigating Director

(1)

(a)If the Investigating Director has reason 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 conduct an investigation on the matter in question, whether or not it has been reported to him or her in terms of section 27.

(b)If the National Director refers a matter in relation to the alleged commission or attempted commission of a specified offence to the Investigating Director, the Investigating Director shall conduct an investigation, or a preparatory investigation as referred to in subsection (13), on that matter.

(c)If the Investigating Director, at any time during the conducting of an investigation on a matter referred to in paragraph (a) or (b), considers it desirable to do so in the interest of the administration of justice or in the public interest, he or she may extend the investigation so as to include any offence, whether or not it is a specified offence, which he or she suspects to be connected with the subject of the investigation.

(d)If the Investigating Director, at any time during the conducting of an investigation, is of the opinion that evidence has been disclosed of the commission of an offence which is not being investigated by the Investigating Directorate concerned, he or she must without delay inform the National Commissioner of the South African Police Service of the particulars of such matter.

[subsection (1) substituted by section 12(a) of Act 61 of 2000]

(2)

(a)The Investigating Director may, if he or she decides to conduct an investigation, at any time prior to or during the conducting of the investigation designate any person referred to in section 7(4)(a) or, in the case of an investigation requested by the Head of the Directorate for Priority Crime Investigation in terms of section 17D(3) of the South African Police Service Act, 1995 (Act No. 68 of 1995), any member of the prosecuting authority or a member of that Directorate, to conduct the investigation, or any part thereof, on his or her behalf and to report to him or her.[paragraph (a) substituted by section 8 of Act 56 of 2008]

(b)A person so designated shall for the purpose of the investigation concerned have the same powers as those which the Investigating Director has in terms of this section and section 29 of this Act, and the instructions issued by the Treasury under section 39 of the Exchequer Act, 1975 (Act No. 66 of 1975), in respect of commissions of inquiry shall apply with the necessary changes in respect of such a person.

[subsection (2) substituted by section 12(a) of Act 61 of 2000]

(3)All proceedings contemplated in subsections (6), (8) and (9) shall take place in camera.[subsection (3) substituted by section 12(a) of Act 61 of 2000]

(4)The procedure to be followed in conducting an investigation shall be determined by the Investigating Director at his or her discretion, having regard to the circumstances of each case.[subsection (4) substituted by section 12(a) of Act 61 of 2000]

(5)The proceedings contemplated in subsections (6), (8) and (9) shall be recorded in such manner as the Investigating Director may deem fit.[subsection (5) substituted by section 12(a) of Act 61 of 2000]

(6)For the purposes of an investigation—

(a)the Investigating Director may summon any person who is believed to be able to furnish any information on the subject of the investigation or to have in his or her possession or under his or her control any book, document or other object relating to that subject, to appear before the Investigating Director at a time and place specified in the summons, to be questioned or to produce that book, document or other object;

(b)the Investigating Director or a person designated by him or her may question that person, under oath or affirmation administered by the Investigating Director, and examine or retain for further examination or for safe custody such a book, document or other object: Provided that any person from whom a book or document has been taken under this section may, as long as it is in the possession of the Investigating Director, at his or her request be allowed, at his or her own expense and under the supervision of the Investigating Director, to make copies thereof or to take extracts therefrom at any reasonable time.

[subsection (6) substituted by section 12(a) of Act 61 of 2000]

(7)A summons referred to in subsection (6) shall—

(a)be in the prescribed form;

(b)contain particulars of the matter in connection with which the person concerned is required to appear before the Investigating Director;

(c)be signed by the Investigating Director or a person authorized by him or her; and

(d)be served in the prescribed manner.

(8)

(a)The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate’s court shall apply in relation to the questioning of a person in terms of subsection (6): Provided that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge.

(b)No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (10)(b) or (c), or in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955).

(9)A person appearing before the Investigating Director by virtue of subsection (6)—

(a)may be assisted at his or her examination by an advocate or an attorney;

(b)shall be entitled to such witness fees as he or she would be entitled to if he or she were a witness for the State in criminal proceedings in a magistrate’s court.

(10)Any person who has been summoned to appear before the Investigating Director and who—

(a)without sufficient cause fails to appear at the time and place specified in the summons or to remain in attendance until he or she is excused by the Investigating Director from further attendance;

(b)at his or her appearance before the Investigating Director—

(i)fails to produce a book, document or other object in his or her possession or under his or her control which he or she has been summoned to produce;

(ii)refuses to be sworn or to make an affirmation after he or she has been asked by the Investigating Director to do so;

(c)having been sworn or having made an affirmation—

(i)fails to answer fully and to the best of his or her ability any question lawfully put to him or her;

(ii)gives false evidence knowing that evidence to be false or not knowing or not believing it to be true, shall be guilty of an offence.

(11)[subsection (11) deleted by section 12(b) of Act 61 of 2000]

(12)[subsection (12) deleted by section 12(b) of Act 61 of 2000]

(13)If the Investigating Director considers it necessary to hear evidence in order to enable him or her to determine if there are reasonable grounds to conduct an investigation in terms of subsection (1)(a), the Investigating Director may hold a preparatory investigation.

(14)The provisions of subsections (2) to (10), inclusive, and of sections 27 and 29 shall, with the necessary changes, apply to a preparatory investigation referred to in subsection (13).[subsection (14) substituted by section 12(c) of Act 61 of 2000]

29. Entering upon premises by Investigating Director

(1)The Investigating Director or any person authorised thereto by him or her in writing may, subject to this section, for the purposes of an investigation at any reasonable time and without prior notice or with such notice as he or she may deem appropriate, enter any premises on or in which anything connected with that investigation is or is suspected to be, and may—

(a)inspect and search those premises, and there make such enquiries as he or she may deem necessary;

(b)examine any object found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from the owner or person in charge of the premises or from any person in whose possession or charge that object is, information regarding that object;

(c)make copies of or take extracts from any book or document found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from any person suspected of having the necessary information, an explanation of any entry therein;

(d)seize, against the issue of a receipt, anything on or in the premises which has a bearing or might have a bearing on the investigation in question, or if he or she wishes to retain it for further examination or for safe custody: Provided that any person from whom a book or document has been taken under this section may, as long as it is in the possession of the Investigating Director, at his or her request be allowed, at his or her own expense and under the supervision of the Investigating Director, to make copies thereof or to take extracts therefrom at any reasonable time.

[subsection (1) substituted by section 13(a) of Act 61 of 2000]

(2)Any entry upon or search of any premises in terms of this section shall be conducted with strict regard to decency and order, including—

(a)a person’s right to, respect for and the protection of his or her dignity;

(b)the right of a person to freedom and security; and

(c)the right of a person to his or her personal privacy.

(3)No evidence regarding any questions and answers contemplated in subsection (1) shall be admissible in any subsequent criminal proceedings against a person from whom information in terms of that subsection is acquired if the answers incriminate him or her, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (12).

(4)Subject to subsection (10), the premises referred to in subsection (1) may only be entered, and the acts referred to in subsection (1) may only be performed, by virtue of a warrant issued in chambers by a magistrate, regional magistrate or judge of the area of jurisdiction within which the premises is situated: Provided that such a warrant may be issued by a judge in respect of premises situated in another area of jurisdiction, if he or she deems it justified.

(5)A warrant contemplated in subsection (4) may only be issued if it appears to the magistrate, regional magistrate or judge from information on oath or affirmation, stating—

(a)the nature of the investigation in terms of section 28;

(b)that there exists a reasonable suspicion that an offence, which might be a specified offence, has been or is being committed, or that an attempt was or had been made to commit such an offence; and

(c)the need, in regard to the investigation, for a search and seizure in terms of this section,

that there are reasonable grounds for believing that anything referred to in subsection (1) is on or in such premises or suspected to be on or in such premises.[subsection (5) substituted by section 13(b) of Act 61 of 2000]

(6)A warrant issued in terms of this section may be issued on any day and shall be of force until—

(a)it has been executed;

(b)it is cancelled by the person who issued it or, if such person is not available, by any person with like authority; or

(c)the expiry of three months from the day of its issue,

whichever may occur first.

(7)

(a)Any person who acts on authority of a warrant issued in terms of this section may use such force as may be reasonably necessary to overcome any resistance against the entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person shall first audibly demand admission to the premises and state the purpose for which he or she seeks to enter such premises.

(b)The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if the provisions of the said proviso are first complied with.

(8)A warrant issued in terms of this section shall be executed by day unless the person who issues the warrant authorises the execution thereof by night at times which shall be reasonable in the circumstances.

(9)Any person executing a warrant in terms of this section shall immediately before commencing with the execution—

(a)identify himself or herself to the person in control of the premises, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy to a prominent place on the premises;

(b)supply such person at his or her request with particulars regarding his or her authority to execute such a warrant.

(10)

(a)The Investigating Director or any person referred to in section 7(4)(a) may without a warrant enter upon any premises and perform the acts referred to in subsection (1)—

(i)if the person who is competent to do so consents to such entry, search, seizure and removal; or

(ii)if he or she upon reasonable grounds believes that—

(aa)the required warrant will be issued to him or her in terms of subsection (4) if he or she were to apply for such warrant; and

(bb)the delay caused by the obtaining of any such warrant would defeat the object of the entry, search, seizure and removal.

(b)Any entry and search in terms of paragraph (a) shall be executed by day, unless the execution thereof by night is justifiable and necessary, and the person exercising the powers referred to in the said paragraph shall identify himself or herself at the request of the owner or the person in control of the premises.

(11)If during the execution of a warrant or the conducting of a search in terms of this section, a person claims that any item found on or in the premises concerned contains privileged information and for that reason refuses the inspection or removal of such item, the person executing the warrant or conducting the search shall, if he or she is of the opinion that the item contains information which is relevant to the investigation and that such information is necessary for the investigation, request the registrar of the High Court which has jurisdiction or his or her delegate, to seize and remove that item for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not.[subsection (11) substituted by section 13(c) of Act 61 of 2000]

(12)Any person who—

(a)obstructs or hinders the Investigating Director or any other person in the performance of his or her functions in terms of this section;

(b)when he or she is asked in terms of subsection (1) for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading,

shall be guilty of an offence.

29A. Powers and functions of investigators

(1)An investigator may, subject to the control and direction of a head of an Investigating Directorate, exercise such powers and must perform such duties as are conferred or imposed upon him or her by or under this Act, or any other law and must obey all lawful directions which he or she may receive from a person having the authority to give such directions.

(2)An investigator has the same powers as a peace officer or a police official as provided for in the Criminal Procedure Act, 1977 (Act No. 51 of 1977), including—

(a)the investigation of offences;

(b)the ascertainment of bodily features of an accused person;

(c)the entry and search of premises;

(d)the seizure and disposal of articles;

(e)arrests;

(f)the execution of warrants;

(g)the attendance of an accused person in court; and

(h)the service or execution of any subpoena or summons.

(3)An investigator has the same powers as if he or she had been appointed deputy sheriff or deputy messenger or other similar officer of the court.

(4)

(a)The Minister may, in consultation with the Cabinet member responsible for police, by notice in the Gazette, confer upon investigators any power—

(i)which is conferred by applicable law upon specified persons or a category of persons; and

(ii)which relates to the prevention, investigation or combating of any offence or other criminal or unlawful activity.

(b)Any notice referred to in paragraph (a)—

(i)may be amended or rescinded by the Minister in consultation with the Cabinet member responsible for police; and

(ii)must be submitted to Parliament before publication in the Gazette.

[section 29A inserted by section 9 of Act 10 of 2024]

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

(1)

(a)A member of the prosecuting authority shall serve impartially and exercise, carry out or perform his or her powers, duties and functions in good faith and without fear, favour or prejudice and subject only to the Constitution and the law.

(b)Subject to the Constitution and this Act, no organ of state and no member or employee of an organ of state nor any other person shall improperly interfere with, hinder or obstruct the prosecuting authority or any member thereof in the exercise, carrying out or performance of its, his or her powers, duties and functions.

(2)

(a)A National Director and any person referred to in section 4 must, before commencing to exercise, carry out or perform his or her powers, duties or functions in terms of this Act, take an oath or make an affirmation, which shall be subscribed by him or her, in the form set out below, namely—"I ____________________________________________________________________________ (full name) do hereby swear/solemnly affirm that I will in my capacity as National Director/Deputy National Director of Public Prosecutions/Director/Deputy Director of Public Prosecutions/prosecutor, uphold and protect the Constitution and the fundamental rights entrenched therein and enforce the Law of the Republic without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the Constitution and the Law. (In the case of an oath: So help me God.)".

(b)Such an oath or affirmation shall—

(i)in the case of the National Director, or a Deputy National Director, Director or Deputy Director, be taken or made before the most senior available judge of the High Court within which area of jurisdiction the Office of the National Director, Director or Deputy Director, as the case may be, is situated; or

(ii)in the case of a prosecutor, be taken or made before the Director in whose Office the prosecutor concerned has been appointed or before the most senior judge or magistrate at the court where the prosecutor is stationed, who shall at the bottom thereof endorse a statement of the fact that it was taken or made before him or her and of the date on which it was so taken or made and append his or her signature thereto.

33. Minister’s final responsibility over prosecuting authority

(1)The Minister shall, for purposes of section 179 of the Constitution, this Act or any other law concerning the prosecuting authority, exercise final responsibility over the prosecuting authority in accordance with the provisions of this Act.

(2)To enable the Minister to exercise his or her final responsibility over the prosecuting authority, as contemplated in section 179 of the Constitution, the National Director shall, at the request of the Minister—

(a)furnish the Minister with information or a report with regard to any case, matter or subject dealt with by the National Director or a Director in the exercise of their powers, the carrying out of their duties and the performance of their functions;

(b)provide the Minister with reasons for any decision taken by a Director in the exercise of his or her powers, the carrying out of his or her duties or the performance of his or her functions;

(c)furnish the Minister with information with regard to the prosecution policy referred to in section 21(1)(a);

(d)furnish the Minister with information with regard to the policy directives referred to in section 21(1)(b);

(e)submit the reports contemplated in section 34 to the Minister; and

(f)arrange meetings between the Minister and members of the prosecuting authority.

34. Reports by Directors

(1)A Director must annually, not later than the first day of June, submit to the National Director a report on all his or her activities during the previous financial year.[subsection (1) substituted by section 16 of Act 15 of 2023]

(2)The National Director may at any time request a Director to submit a report with regard to a specific activity relating to his or her powers, duties or functions.

(3)A Director may, at any time, submit a report to the National Director with regard to any matter relating to the prosecuting authority, if he or she deems it necessary.

35. Accountability to Parliament

(1)The prosecuting authority shall be accountable to Parliament in respect of its powers, functions and duties under this Act, including decisions regarding the institution of prosecutions.

(2)

(a)The National Director must submit annually, not later than the first day of September, to the Minister a report referred to in section 22(4)(g), which report must be tabled in Parliament by the Minister within 14 days, if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.[paragraph (a) substituted by section 17 of Act 15 of 2023]

(b)The National Director may, at any time, submit a report to the Minister or Parliament with regard to any matter relating to the prosecuting authority, if he or she deems it necessary.

36. Expenditure of prosecuting authority

(1)The expenses incurred in connection with—

(a)the exercise of the powers, the carrying out of the duties and the performance of the functions of the prosecuting authority; and

(b)the remuneration and other conditions of service of members of the prosecuting authority, shall be defrayed out of monies appropriated by Parliament for that purpose.

(2)The Department of Justice must, in consultation with the National Director, prepare the necessary estimate of revenue and expenditure of the prosecuting authority.

(3)The Director-General: Justice shall, subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999)—

(a)be charged with the responsibility of accounting for State monies received or paid out for or on account of the prosecuting authority; and

(b)cause the necessary accounting and other related records to be kept.

[subsection (3) substituted by section 15 of Act 61 of 2000 and by section 10(a) of Act 56 of 2008]

(3A)[subsection (3A) inserted by section 15 of Act 61 of 2000 and deleted by section 10(b) of Act 56 of 2008]

(4)The records referred to in subsection (3)(b) shall be audited by the Auditor-General.[subsection (4) substituted by section 15 of Act 61 of 2000 and by section 10(c) of Act 56 of 2008]

(5)The Director-General: Justice may, on the recommendation of the National 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 investigation contemplated in section 28(1) be paid from State funds to that person.[subsection (5) added by section 15 of Act 61 of 2000 and by section 10(d) of Act 56 of 2008]

37. Administrative staff

The administrative staff of—

(a)the Office of the National Director;

(b)the Offices of the Directors, including Investigating Directorates; and

(c)the Offices of prosecutors as determined by the National Director, in consultation with the Director concerned, shall be persons appointed or employed under the Public Service Act.

38. Engagement of persons to perform services in specific cases

(1)The National Director may in consultation with the Minister, and a Deputy National Director or a Director may, in consultation with the Minister and the National Director, on behalf of the State, engage, under agreements in writing, persons having suitable qualifications and experience to perform services in specific cases.

(2)The terms and conditions of service of a person engaged by the National Director, a Deputy National Director or a Director under subsection (1) shall be as determined from time to time by the Minister in concurrence with the Minister of Finance.

(3)Where the engagement of a person contemplated in subsection (1) will not result in financial implications for the State—

(a)the National Director; or

(b)a Deputy National Director or a Director, in consultation with the National Director,

may, on behalf of the State, engage, under an agreement in writing, such person to perform the services contemplated in subsection (1) without consulting the Minister as contemplated in that subsection.[subsection (3) added by section 16 of Act 61 of 2000]

(4)For purposes of this section, ‘services’ include the conducting of a prosecution under the control and direction of the National Director, a Deputy National Director or a Director, as the case may be.[subsection (4) added by section 16 of Act 61 of 2000]

39. Disclosure of interest and non-performance of other paid work

(1)The National Director, a Deputy National Director and a Director shall give written notice to the Minister of all direct or indirect pecuniary interests that they have or acquire in any business whether in the Republic or elsewhere or in any body corporate carrying on any such business.

(2)The National Director, a Deputy National Director and a Director shall not, without the consent of the President, perform any paid work outside his or her duties of office.

40. Regulations

(1)The Minister may make regulations prescribing—

(a)matters required or permitted by this Act to be prescribed;

(b)the steps to be taken to ensure compliance with the code of conduct referred to in section 22(6); or

(c)matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

[subsection (1) amended by section 11(a) of Act 56 of 2008]

(2)[subsection (2) amended by section 17 of Act 42 of 2001 and deleted by section 11(b) of Act 56 of 2008]

(3)Any regulation made in terms of this section—

(a)which may result in the expenditure of State monies shall be made in consultation with the Minister of Finance;

(b)may provide that a contravention thereof shall be an offence; and

(c)must be submitted to Parliament before publication in the Gazette.

[section 40 substituted by section 17 of Act 61 of 2000]

40A. ***

[section 40A deleted by section 58 of Act 19 of 2020]

41. Offences and penalties

(1)Any person who contravenes the provisions of section 32(1)(b) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.

(2)Any person convicted of an offence referred to in section 28(10) or 29(12) shall be liable to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.

(3)Any person who is convicted of an offence in terms of a regulation made under section 40, shall be liable to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(4)[subsection (4) deleted by section 58 of Act 19 of 2020]

(5)Any person who, in connection with any activity carried on by him or her, in a fraudulent manner takes, assumes, uses or publishes any name, description, title or symbol indicating or conveying or purporting to indicate or convey or which is calculated or is likely to lead other persons to believe or to infer that such activity is carried on under or by virtue of the provisions of this Act or under the patronage of the prosecuting authority, or is in any manner associated or connected with the prosecuting authority, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 25 years or to both such fine and such imprisonment.

(6)Notwithstanding any other law, no person shall without the permission of the National Director or a person authorised in writing by the National Director disclose to any other person—

(a)any information which came to his or her knowledge in the performance of his or her functions in terms of this Act or any other law;

(b)the contents of any book or document or any other item in the possession of the prosecuting authority; or

(c)the record of any evidence given at an investigation as contemplated in section 28(1), except—

(i)for the purpose of performing his or her functions in terms of this Act or any other law; or

(ii)when required to do so by order of a court of law.

(7)Any person who contravenes subsection (6) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.

[section 41 substituted by section 19 of Act 61 of 2000]

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

(1)

(a)Anyone holding office as an attorney-general in terms of the Attorney-General Act, 1992 (Act No. 92 of 1992), shall, subject to paragraph (b), be deemed to have been appointed as a Director in terms of this Act, and shall continue to function in terms of the laws applicable to his or her Office.

(b)The President shall, as soon as reasonably possible after the commencement of this section, appoint each attorney-general referred to in paragraph (a) as a Director at the Office that, and for such term as the President, after consultation with the attorney-general concerned, may determine, but such term shall not extend beyond the date on which the attorney-general concerned will attain the age of 65 years.

(c)The provisions of section 12(4) shall apply with the necessary changes in respect of a Director referred to in paragraph (b): Provided that the reference in section 12(4) to the age of 65 years shall be construed as a reference to the date on which the Director’s term of office as contemplated in paragraph (b) expires.

(d)If the term of office of a Director appointed under paragraph (b) expires before he or she has attained the age of 65 years, he or she shall be entitled to pension benefits determined and calculated under all circumstances as if he or she was employed as a Director-General in the public service, who served as a Director-General for five years.

(2)Anyone holding office as an attorney-general in terms of a law other than the Attorney-General Act, 1992, or holding an appointment as acting attorney-general, shall be deemed to have been appointed as an acting Director under this Act at the office where he or she holds such office or appointment, and shall continue to function in that capacity until otherwise determined under this Act or any other law.

(3)

(a)Any person who immediately before the commencement of this section was employed by the State as a deputy attorney-general shall continue in such employment and shall be deemed to have been appointed as a Deputy Director in terms of section 15(1).

(b)Any person who immediately before the commencement of this section was employed by the State as a state advocate or prosecutor and who has been delegated in terms of any law to institute criminal proceedings and to conduct any prosecution in criminal proceedings on behalf of the State—

(i)shall continue in such employment as a prosecutor; and

(ii)shall be deemed to have been authorised to exercise the powers referred to in section 20(1): Provided that no prosecutor shall, by virtue of this section, have more powers than he or she would have had under the delegation concerned.

(4)Criminal proceedings which have been instituted before the commencement of this Act, must be disposed of as if the decision to institute and prosecute in such criminal proceedings had been taken by a member of the prosecuting authority appointed in terms of this Act.

(5)Any attorney-general, deputy attorney-general, state advocate or prosecutor who continues in office in terms of this section must, within three months after the commencement of this Act, take the oath or make the affirmation referred to in section 32(2).

(6)As from the date of the commencement of this section, all offices of attorneys-general at the High Courts contemplated in item 16(4)(a) of Schedule 6 to the Constitution, shall become offices of the prosecuting authority as referred to in section 6(1) of this Act.

(7)[subsection (7) deleted by section 12 of Act 56 of 2008]

(8)Subject to the Constitution and this Act, all measures which immediately before the commencement of this section were in operation and applied to attorneys-general, deputy attorneys-general, state advocates and prosecutors, including measures regarding remuneration, pension and pension benefits, leave gratuity and any other term and condition of service, shall continue in operation and to apply to the said attorneysgeneral, deputy attorneys-general, state advocates and prosecutors until amended or repealed by this Act: Provided that no such measure shall, except in accordance with an applicable law or agreement, be changed in a manner which affects such attorneysgeneral, deputy attorneys-general, state advocates and prosecutors to their detriment.

(9)Notwithstanding the commencement of this Act, all measures regulating the institution and conducting of prosecutions in any court shall remain in force until repealed or amended under this Act or by any competent authority.

43A. Transitional arrangements relating to Directorate of Special Operations

(1)In this section—

(a)any word or expression in respect of which a specific meaning has been assigned by the South African Police Service Act, 1995 (Act No. 68 of 1995), has the same meaning; and

(b)"fixed date" means a date to be determined by the President by proclamation.

(2)Prior to a date determined by the National Director, any person employed by the Directorate of Special Operations must inform the National Director whether they consent to be transferred to the South African Police Service.

(3)As from the fixed date—

(a)any person, who immediately before the fixed date held the office of special investigator and who has consented to the transfer, is transferred to the South African Police Service and becomes a member of the South African Police Service; and

(b)such administrative and support personnel employed by the Directorate of Special Operations as may be agreed upon between the National Director and the National Commissioner, may be transferred to the South African Police Service.

(4)

(a)An employee contemplated in subsection (3) may be transferred to the South African Police Service only with his or her consent.

(b)The remuneration and other terms and conditions of employment of employees transferred in terms of subsection (3) may not be less favourable than those that applied immediately before their transfer.

(c)The transfer contemplated in subsection (3) does not interrupt the employees' continuity of employment and the employees remain entitled to all rights and benefits, including pension benefits and privileges to which they were entitled to immediately before transfer.

(5)

(a)An employee referred to in subsection (3) who does not consent to be transferred to the South African Police Service must, prior to the date referred to in subsection (2), notify the National Director thereof in writing.

(b)In respect of such an employee, the National Director may—

(i)after consultation with the Minister and the Cabinet members responsible for the public service and for finance, offer to transfer the employee to a reasonable alternative post or position in any government department or state institution in accordance with subsection (4)(b) and (c) and section 14 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), shall, unless the context indicates otherwise, apply to such a transfer; or

(ii)after consultation with the Minister, offer to transfer the employee to a reasonable alternative post or position in the prosecuting authority, other than any post of special investigator, in accordance with subsection (4)(b) and (c).

(c)If the employee does not accept the offer made in paragraph (b) within 30 days of it being made, the employee's employment automatically terminates on the fixed date.

(d)An employee whose employment is terminated in terms of paragraph (c) is entitled to a severance package determined by the Minister in consultation with the Cabinet members for the public service and for finance.

(e)The severance package provided for in paragraph (d) may not be less favourable than the severance package provided for in the Determination on the Introduction of an Employee-Initiated Severance Package for the Public Service determined in terms section 3 of the Public Service Act. 1994.

(f)Any dispute arising from the interpretation or application of this section in so far as employees are concerned must be referred to the Labour Court for determination.

(6)Any decisions made, directions issued and any proceedings instituted by the employer immediately before the fixed date in respect of an employee referred to in subsection (3), remains applicable to him or her and must be implemented or finalised as if the National Prosecuting Authority Amendment Act, 2008, has not been passed.

(7)Any member of the prosecuting authority who was employed in the Directorate of Special Operations immediately before the fixed date, shall continue to be employed in the Office of the National Director, and shall exercise, carry out and perform his or her powers, duties and functions as conferred, imposed or assigned to him or her by the National Director and subject to the control and directions of the National Director or a person authorised thereto by the National Director.

(8)The National Prosecuting Authority Amendment Act, 2008, does not affect the validity of any investigation performed by the Directorate of Special Operations before the fixed date, including any functions incidental to such investigations or the institution of any criminal proceedings.

(9)

(a)Investigations by the Directorate of Special Operations that are pending immediately before the fixed date must, on that date, be transferred to and continued by the Directorate for Priority Crime Investigation in accordance with a mechanism to ensure that the investigations are not prejudiced by the transfer.

(b)The Minister, in consultation with the Cabinet member for police and after consultation with the National Director and the National Commissioner, must determine the mechanism referred to in paragraph (a).

(10)As from the fixed date any liability incurred by the Directorate of Special Operations as a result of any investigation by that Directorate, shall pass to the prosecuting authority, unless the Minister in consultation with the Cabinet member for police, in a specific instance determines otherwise.

(11)

(a)Any investigation that has been instituted under section 28 by the Directorate for Special Operations, and all steps taken as a result of such an investigation, shall be deemed to have been instituted or taken in consequence of the application of section 17D(3) of the South African Police Service Act, 1995.

(b)The Head of the Directorate for Priority Crime Investigation may, at any time after the fixed date, withdraw such a request.

(c)The National Director must designate a Director in respect of each investigation referred to in paragraph (a), who must assist the Directorate of Priority Crime Investigation in carrying out such an investigation.

[section 43A inserted by section 20 of Act 61 of 2000 and substituted by section 13 of Act 56 of 2008]

43B. Transitional arrangements relating to financial investigators and analysts

(1)In this section employee means any person—

(a)appointed in terms of Chapter 3A of this Act prior to the repeal of that Chapter by section 5 of the National Prosecuting Authority Amendment Act, 2008 (Act No. 56 of 2008); and

(b)employed in the Office of the National Director to perform functions as a financial investigator or analyst in any financial investigation or process relating to the proceeds of unlawful activities or the civil recovery of property contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).

(2)Notwithstanding the repeal of Chapter 3A of this Act by section 5 of the National Prosecuting Authority Amendment Act, 2008 (Act No. 56 of 2008), after the commencement of the National Prosecuting Authority Amendment Act, 2008—

(a)an employee referred to in subsection (1) shall continue to be so employed and to perform the said functions; and

(b)the remuneration, allowances, service benefits and conditions of service of such employee shall continue to apply in respect of such employee or a person appointed in terms of subsection (4).

(3)Financial investigators or analysts shall exercise the powers and perform the functions—

(a)as may be necessary or expedient for, or incidental to, any financial investigation or process relating to the proceeds of unlawful activities or the civil recovery of property contemplated in—

(i)Chapter 5 or 6 of the Prevention of Organised Crime Act, 1998; and

(ii)any other law; or

(b)further conferred or imposed upon them by regulations made by the Minister in terms of section 40 of the Act as may be necessary or expedient for, or incidental to, the achievement of their objects and functions referred to in paragraph (a).

(4)The National Director or a member of the prosecuting authority designated for that purpose by the National Director may, whenever necessary, appoint any fit and proper person to perform functions as a financial analyst in any financial investigation or process relating to the proceeds of unlawful activities or the civil recovery of property contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, 1998.

(5)An annual cost-of-living adjustment by the Minister for the Public Service and Administration in respect of employees who are employed in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), shall, with the necessary changes, apply to an employee referred to in subsection (1) and a person appointed in terms of subsection (4).

(6)All other conditions of service of an employee referred to in subsection (1) and a person appointed in terms subsection (4), are governed and regulated by the provisions of the Public Service Act, 1994.

[section 43B inserted by section 10 of Act 11 of 2012]

43C. Transitional arrangements relating to Investigating Directorates

(1)For purposes of this section, the phrase 'the Investigating Directorate' means the Investigating Directorate, established by Proclamation No. 20 of 2019.

(2)The Investigating Directorate shall, as from the date of the commencement of the National Prosecuting Authority Amendment Act, 2024, cease to exist as a separate Investigating Directorate and shall become part of the Investigating Directorate against Corruption.

(3)Proclamation No. 20 of 2019, in respect of existing offences or categories of offences as determined by the President therein, which had been issued under section 7(1) in respect of the Investigating Directorate prior to the amendment of section 7(1) by the National Prosecuting Authority Amendment Act, 2024, shall, as from the date of the commencement of that Act, be deemed to have been issued under section 7(1A) with the necessary changes in respect of the Investigating Directorate against Corruption.

(4)Subject to the provisions of this Act, the Investigating Director and all staff of the Investigating Directorate shall be retained, remain in office and continue their functions under this Act in the Investigating Directorate against Corruption.

(5)From the date of the commencement of the National Prosecuting Authority Amendment Act, 2024, all pending matters pertaining to the Investigating Directorate shall be dealt with as if that Act had at all times been in force.

[section 43C inserted by section 10 of Act 10 of 2024]

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—

(a)an attorney-general shall, unless the context indicates otherwise, be construed as a reference to the National Director; and

(b)an attorney-general or deputy attorney-general in respect of the area of jurisdiction of a High Court, shall be construed as a reference to a Director or Deputy Direcror appointed in terms of this Act, for the area of jurisdiction of that Court.

[section 45 substituted by section 13 of Act 122 of 1998]

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.

Schedule (Laws amended or repealed by section 44)

Number and year of law	Title	Extent of amendment or appeal
Act No. 51 of 1977	Criminal Procedure Act, 1977	(a) Repeal of sections 2 and 5.(b) Amendment of section 111 by the deletion of subsection (1) and the substitution for subsections (2), (3) and (4) of the following subsections:"[(2)](1) (a) The direction of the [Minister] National Director of Public Prosecutions contemplated in section 179(1)(a) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), shall state the name of the accused, the relevant offence, the place at which (if known) and the [attorney-general] Director in whose area of jurisdiction [the offence was committed and the attorney-general in whose area of jurisdiction] the relevant investigation and criminal proceedings shall [commence] be conducted and commenced.(b) A copy of the direction shall be served on the accused, and the original thereof shall, save as is provided in subsection [(4)](3) be handed in at the court in which the proceedings are to commence.[(3)](2) The court in which the proceedings commence shall have jurisdiction to act with regard to the offence in question as if the offence had been committed within the area of jurisdiction of such court.[(4)](3) Where the [Minister] National Director issues a direction [under] contemplated in subsection (1) after an accused has already appeared in a court, the original of such direction shall be handed in at the relevant proceedings and attached to the record of the proceedings, and the court in question shall—(a) cause the accused to be brought before it, and when the accused is before it, adjourn the proceedings to a time and a date and to the court designated by the [attorney-general] Director in whose area of jurisdiction the said criminal proceedings shall commence, whereupon such time and date and court shall be deemed to be the time and date and court appointed for the trial of the accused or to which the proceedings pending against the accused are adjourned;(b) forward a copy of the record of the proceedings to the court in which the accused is to appear, and that court shall receive such copy and continue with the proceedings against the accused as if such proceedings had commenced before it.".
Act No. 117 of 1991	Investigation of Serious Economic Offences Act, 1991	The whole
Act No. 92 of 1992	Attorney-General Act, 1992	The whole

History of this document

01 March 2026 amendment not yet applied

Amended by National Prosecuting Authority Amendment Act, 2024

19 August 2024 this version

Amended by National Prosecuting Authority Amendment Act, 2024

Commenced

03 April 2024

Amended by Judicial Matters Amendment Act, 2023

Read this version

01 December 2021

Amended by Cybercrimes Act, 2020

Read this version

22 October 2020

Amended by Judicial Matters Amendment Act, 2020

Commenced

Read this version

02 August 2017

Amended by Judicial Matters Amendment Act, 2017

Commenced

Read this version

02 October 2012

Amended by Judicial Matters Amendment Act, 2012

Commenced

Read this version

06 July 2009

Amended by National Prosecuting Authority Amendment Act, 2008

Read this version

20 February 2009

Amended by National Prosecuting Authority Amendment Act, 2008

Commenced

Read this version

31 December 2007

Amended by Criminal Law (Sentencing) Amendment Act, 2007

Commenced

Read this version

07 December 2001

Amended by Judicial Matters Amendment Act, 2001

Read this version

12 January 2001

Amended by National Prosecuting Authority Amendment Act, 2000

Commenced

Read this version

23 April 1999

Commenced by National Prosecuting Authority Act, 1998: Commencement, 1999

01 April 1999

Amended by Judicial Matters Second Amendment Act, 1998

Commenced

Read this version

16 October 1998

Commenced by National Prosecuting Authority Act, 1998: Commencement, 1998

01 August 1998

Commenced by National Prosecuting Authority Act, 1998: Commencement, 1998

03 July 1998

Published in Government Gazette 19021

Read this version

24 June 1998

Assented to

Unconstitutional provisions

Legislation provisions that have been declared unconstitutional by a court. They are resolved when new legislation is passed. All unconstitutional provisions →

12. Term of office of National Director and Deputy National Directors (4) Resolved

Judgment

Corruption Watch NPC and Others v President of Republic of South Africa and Others ; Nxasana v Corruption Watch NPC and Others [2018] ZACC 23 (13 August 2018)

Date deemed unconstitutional

13 August 2018

Date resolved

22 October 2020

Resolving amendment

Judicial Matters Amendment Act, 2020

12. Term of office of National Director and Deputy National Directors (4) as at 19 August 2024:

(4)[subsection (4) deleted by section 2(a) of Act 12 of 2020]
12. Term of office of National Director and Deputy National Directors (6) Resolved

Judgment

Corruption Watch NPC and Others v President of Republic of South Africa and Others ; Nxasana v Corruption Watch NPC and Others [2018] ZACC 23 (13 August 2018)

Date deemed unconstitutional

13 August 2018

End of suspension period

13 February 2020

Date resolved

22 October 2020

Resolving amendment

Judicial Matters Amendment Act, 2020

9. The declaration by the High Court that section 12(6) of the National Prosecuting Authority Act is constitutionally invalid is confirmed only to the extent that the section permits the suspension by the President of an NDPP and Deputy NDPP for an indefinite period and without pay.
…
11. During the period of suspension—
(a) a section 12(6)(aA) will be inserted after section 12(6)(a) and it will read:
[See read-in text]
(b) section 12(6)(e) will read (with insertions and deletions reflected within square brackets):
[See read-in text]

Read-in text

(aA)The period from the time the President suspends the National Director or a Deputy National Director to the time she or he decides whether or not to remove the National Director or Deputy National Director shall not exceed six months.
(e)The National Director or Deputy National Director provisionally suspended from office shall receive, for the duration of such suspension, [no salary or such salary as may be determined by the President] [her or his full salary].

12. Term of office of National Director and Deputy National Directors (6) as at 19 August 2024:

(6)
(a)The President may provisionally suspend the National Director or a Deputy National Director from his or her office, pending such enquiry into his or her fitness to hold such office as the President deems fit and, subject to the provisions of this subsection, may thereupon remove him or her from office—
(i)for misconduct;
(ii)on account of continued ill-health;
(iii)on account of incapacity to carry out his or her duties of office efficiently; or
(iv)on account thereof that he or she is no longer a fit and proper person to hold the office concerned.
(aA)The period from the time the President suspends the National Director or a Deputy National Director to the time he or she decides whether or not to remove the National Director or Deputy National Director may not exceed 12 months.[paragraph (aA) inserted by section 2(b) of Act 12 of 2020]
(b)The removal of the National Director or a Deputy National Director, the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
(c)Parliament shall, within 30 days after the message referred to in paragraph (b) has been tabled in Parliament, or as soon thereafter as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of the National Director or Deputy National Director so removed, is recommended.
(d)The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves.
(e)The National Director or a Deputy National Director provisionally suspended from office shall receive, for the duration of such suspension, his or her full salary.[paragraph (e) substituted by section 2(c) of Act 12 of 2020]

Subsidiary legislation

Title
Translation Keys for Deputy Director of Public Prosecutions and Chief Public Prosecutor Appointed, 2022 Dispute Resolution and Mediation	Government Notice 6934 of 2025
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2025 Dispute Resolution and Mediation	Proclamation 291 of 2025
Regulations relating to Investigating Directorate against Corruption, 2024 Dispute Resolution and Mediation	Government Notice 5137 of 2024
Regulations on Establishment of Office for Ethics and Accountability, 2023 Dispute Resolution and Mediation	Government Notice R4109 of 2023
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2023 Dispute Resolution and Mediation	Government Notice 3878 of 2023
Determination of Salary Level for Deputy Directors of Public Prosecutions and Chief Public Prosecutors, 2023 Dispute Resolution and Mediation	Government Notice 3167 of 2023
Regulations relating to Summons and Oath, 2022 Dispute Resolution and Mediation	Government Notice R2850 of 2022
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2022 Repealed Dispute Resolution and Mediation	Proclamation 56 of 2022
Appointment of and Determination of Powers, Duties and Functions of the Special Director of Public Prosecutions in the Sexual Offences and Community Affairs Unit, 2021 Dispute Resolution and Mediation	Government Notice 136-B of 2021
Appointment of and Determination of Powers, Duties and Functions of the Special Director of Public Prosecutions in the Special Commercial Crime Unit, 2021 Dispute Resolution and Mediation	Government Notice 136-A of 2021
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2020 Dispute Resolution and Mediation	Proclamation 26 of 2020
Rules for the Enquiry into the Fitness of Mr Mxolisi Nxasana to Hold Office as National Director of Public Prosecutions, 2015 Dispute Resolution and Mediation	Government Notice 155 of 2015
Determination of Salaries of Prosecutors and Special Investigators, 2012 Dispute Resolution and Mediation	Government Notice 862 of 2012
Determination of Salaries of Deputy Directors of Public Prosecutions, Chief Prosecutors and Chief Special Investigators, 2012 Dispute Resolution and Mediation	Government Notice 521 of 2012
Code of Conduct for Members of the National Prosecuting Authority under Section 22(6) of the Act, 2010 Dispute Resolution and Mediation	Proclamation R1257 of 2010
Determination of Fixed Date under Section 43A of the Act, 2009 Dispute Resolution and Mediation	Proclamation 46 of 2009
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2003 Dispute Resolution and Mediation	Proclamation 46 of 2003
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2003 Dispute Resolution and Mediation	Proclamation 45 of 2003
Determination of Powers, Duties and Functions of a Special Director of Public Prosecutions, 2003 Dispute Resolution and Mediation	Proclamation 44 of 2003
Regulations on the Legal Qualifications for Prosecutors, 2001 Dispute Resolution and Mediation	Government Notice R423 of 2001
Regulations for Conditions of Service of Special Investigators in the Directorate of Special Operations, 2001 Dispute Resolution and Mediation	Government Notice R108 of 2001

▲ To the top

National Prosecuting Authority Act, 1998

Act 32 of 1998

National Prosecuting Authority Act, 1998

Collections

Related documents

Ask AI

National Prosecuting Authority Act, 1998

Act 32 of 1998

Chapter 1Introductory provisions

1. Definitions

Chapter 2Structure and composition of single national prosecuting authority

2. Single national prosecuting authority

3. Structure of prosecuting authority

4. Composition of national prosecuting authority

5. Office of National Director of Public Prosecutions

6. Offices of prosecuting authority at seats of High Courts

7. Investigating Directorates

Chapter 3Appointment, remuneration and conditions of service of members of the prosecuting authority

8. Prosecuting authority to be representative

9. Qualifications for appointment as National Director, Deputy National Director or Director

10. Appointment of 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

Chapter 3A***

19A. ***

19B. ***

19C. ***

Chapter 3BAppointment, remuneration and conditions of service of investigators

19D. Appointment of investigators

19E. Vetting of investigators

19F. Remuneration and conditions of service of investigators

Chapter 4Powers, 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 5Powers, duties and functions relating to Investigating Directorates

26. Application

27. Reporting of matters to Investigating Director

28. Inquiries by Investigating Director

29. Entering upon premises by Investigating Director

29A. Powers and functions of investigators

30. ***

31. ***

Chapter 6General 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

38. Engagement of persons to perform services in specific cases

39. Disclosure of interest and non-performance of other paid work

40. Regulations

40A. ***

41. Offences and penalties

42. Limitation of liability

Chapter 7Transitional 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

45. Interpretation of certain references in laws

46. Short title and commencement

Schedule (Laws amended or repealed by section 44)

History of this document

01 March 2026 amendment not yet applied

19 August 2024 this version

03 April 2024

01 December 2021

Chapter 1
Introductory provisions

Chapter 2
Structure and composition of single national prosecuting authority

Chapter 3
Appointment, remuneration and conditions of service of members of the prosecuting authority

Chapter 3A
***

Chapter 3B
Appointment, remuneration and conditions of service of investigators

Chapter 4
Powers, duties and functions of members of the prosecuting authority

Chapter 5
Powers, duties and functions relating to Investigating Directorates

Chapter 6
General provisions

Chapter 7
Transitional arrangements