Statistics Act, 1999
R 385
National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)Chapter 4 : Powers, Duties and Functions of Members of the Prosecuting Authority21. 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). |
[Section 21(3) inserted by section 7 of Act No. 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. |
[Section 21(4) inserted by section 7 of Act No. 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. |
[Section 21(5) inserted by section 7 of Act 38 of 2007]
