| (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.
| (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; |
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. |
Gas Regulator Levies Act, 2002
