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National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)

Chapter 4 : Powers, Duties and Functions of Members of the Prosecuting Authority

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.