National Prosecuting Authority Act, 2014 [Chapter 7:20]
No. 5/ 2014
(5) Criminal proceedings which have been instituted before the fixed date must be disposed
of as if the decision to institute and prosecute in such criminal proceedings had been taken by a
member of the Authority.
(6) As from the fixed date, all offices of the Attorney-General at the courts shall become
offices of the Authority.
(7) Notwithstanding the commencement of this Act, all measures regulating the institution
and conducting of prosecutions in any court shall remain in force until repealed or amended
under this Act or by any competent authority.
(8) For the avoidance of doubt any term limits referred to in this Act shall not apply to any
person referred to in this section.
(9) The Courts Administration Fund that was established under the Audit and Exchequer
Act [Chapter 22:03] and saved under section 93(3)(b) of the Public Finance Management Act
[Chapter 22:19](No. 11 of 2009) shall continue in force subject (notwithstanding anything to
the contrary in the constitution of that Fund) to the following re-allocation of the public monies
retained in it with effect from the fixed date―
(a) forty per centum of the monies shall be allocated to the Judicial Service Commission;
and
(b) thirty per centum of the monies shall be allocated to the Authority; and
(c) twenty per centum of the monies shall be allocated to the Attorney-General’s Office;
and
(d) ten per centum of the monies shall be allocated to the Ministry responsible for the
administration of this Act.
(10) Any regulation, notice, circular or other document which, immediately before the
fixed date, regulated the conditions of service of any class of transferred members in terms of
the Public Service Act [Chapter 16:04] shall continue, on and after that date, to regulate the
conditions of service of―
(a) those transferred members; and
(b) any persons who join the Authority after the fixed date and who are in the same class
as those transferred members;
until the Authority replaces the regulation, notice, circular or other document concerned or
otherwise alters the conditions of service concerned in terms of this Act.
(11) If on the fixed date―
(a) there were disciplinary proceedings in terms of the Public Service Act [Chapter 16:04]
pending against a person who, but for this subsection, would be a transferred member,
such proceedings shall continue after the fixed date in all respects as if such person is a
member of the Civil Service and, if the proceedings result in the dismissal of that
person, that person shall not be transferred to the Authority;
(b) any promotion or advancement was being processed in terms of the Public Service Act
[Chapter 16:04] in relation to any transferred member, such promotion or
advancement shall be processed and completed after the fixed date in all respects as if
such transferred member is a member of the Civil Service and, if the promotion or
advancement proceedings result in the promotion or advancement of that transferred
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