Chapter 8: Courts and Administration of Justice
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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.
National legislation must ensure that the Directors of Public Prosecutions—
(a) are appropriately qualified; and
(b) are responsible for prosecutions in specific jurisdictions, subject to subsection
(5).
National legislation must ensure that the prosecuting authority exercises its
functions without fear, favour or prejudice.
The National Director of Public Prosecutions—
(a) 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;
(b) must issue policy directives which must be observed in the prosecution
process;
(c) may intervene in the prosecution process when policy directives are not
complied with; and
(d) may review a decision to prosecute or not to prosecute, after consulting the
relevant Director of Public Prosecutions and after taking representations within
a period specified by the National Director of Public Prosecutions, from the
following:
(i) The accused person.
(ii) The complainant.
(iii) Any other person or party whom the National Director considers to be
relevant.
The Cabinet member responsible for the administration of justice must exercise final
responsibility over the prosecuting authority.
All other matters concerning the prosecuting authority must be determined by
national legislation.
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