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The National Prosecuting Authority and its Powers

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20 Questions

What empowers the National Prosecuting Authority to institute and conduct criminal proceedings on behalf of the State?

Section 179(2) of the Constitution

What regulatory document defines the structures, functions, and powers of the National Prosecuting Authority?

The National Prosecuting Authority Act

Which term is used to describe the employees working within the National Prosecuting Authority?

Lawyers

Who is the National Prosecuting Authority accountable to?

Parliament

Which principle must the National Prosecuting Authority abide by in carrying out its prosecutorial mandate?

Impartiality

What term is used to describe the National Prosecuting Authority in the Constitution?

Constitutional Organ of State

Who has political control over the National Prosecuting Authority?

The Minister of Justice

What should the accountability or control by the Minister of Justice not be construed as?

'A Threat'

'Holding up the rule of law and principle of legality' implies:

'Enforcing laws without bias'

'Carrying out any necessary functions incidental to a criminal proceeding' involves:

'Handling additional tasks related to a criminal case'

Who appoints the National Director of Public Prosecutions (NDPP)?

The President of the Republic

What is the role of a Deputy Director of Public Prosecution (DDPP) in the National Prosecuting Authority structure?

To assist a Director of Public Prosecutions (DPP)

In which courts are the majority of prosecutions conducted by public prosecutors within the National Prosecuting Authority structure?

Regional magistrates’ courts and district magistrates’ courts

Who has prosecutorial control over a particular provincial jurisdiction within the National Prosecuting Authority structure?

Directors of Public Prosecutions (DPPs)

What type of approach does the National Director of Public Prosecutions (NDPP) require all prosecutors to adopt?

Victim-centred approach

Who exercises prosecutorial authority in terms of written authorization within the National Prosecuting Authority structure?

High Court State advocates and magistrates’ court prosecutors

Under whose overall authority does the deputy national director exercise administrative authority in the National Prosecuting Authority structure?

National Director of Public Prosecutions (NDPP)

What types of prosecutors carry out the actual prosecution of offenses in the High Court within the National Prosecuting Authority Structure?

State advocates and State prosecutors

In certain magistrates' courts with large caseloads, who exercises managerial control as control prosecutors?

Deputy Directors of Public Prosecution (DDPPs)

When may the National Director of Public Prosecutions (NDPP) make use of legal practitioners in private practice to prosecute matters on behalf of the State?

Occasionally when needed and for specific matters

Learn about the composition, functions, and powers of the National Prosecuting Authority (NPA) as outlined in the Constitution and the National Prosecuting Authority Act (NPAA). Explore the structure and legal framework governing the NPA.

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