Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/77

---

Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 8—Courts and Administration of Justice

---

(b)

Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament.

(2)

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.

(3)

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).

(4)

National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.

(5)

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.

(6)

The Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority.

(7)

All other matters concerning the prosecuting authority must be determined by national legislation.

Other matters concerning administration of justice

180.

National legislation may provide for any matter concerning the administration of justice that is not dealt with in the Constitution, including —

(a)

training programmes for judicial officers;

(b)

procedures for dealing with complaints about judicial officers; and

(c)

the participation of people other than judicial officers in court decisions.