National Prosecuting Authority Act, 2014 [Chapter 7:20] No. 5/ 2014 (l) any other matter which, in the opinion of the Board, it is necessary or convenient to prescribe in order to ensure the well-being and good administration of the Authority and its maintenance in a high state of efficiency. (3) To the extent that regulations made in terms of subsection (1) may result in an increase in expenditure chargeable on the Consolidated Revenue Fund, the Board shall obtain the concurrence of the Minister responsible for finance before they are enacted. (4) Regulations made in terms of subsection (1) may provide that any enactment relating to the conditions of service of members of the Civil Service shall apply to or in respect of any members of the Authority, subject to such modifications or conditions as may be specified in the regulations, and thereupon the enactment concerned shall apply to or in respect of those members of the Authority. (5) If, after an enactment has been made applicable to any members of the Authority as provided in subsection (4), the enactment concerned is amended, the amendment shall also apply to or in respect of the members concerned unless the Board provides in regulations that it shall not apply. 31 Act not to affect application of certain other laws To the extent that the appointment, conditions of service, termination of service or pension benefits of a member of the Authority is or are provided for by or under the Constitution or any other enactment, this Act shall not apply to or in respect of that member. 32 Transitional provisions (1) In this section─ “transferred member” means a member who has been transferred to the service of the Authority in terms of subsection (3) or (4). (2) The person who immediately before the fixed date was employed by the State as the Deputy Attorney-General responsible for the Criminal Division of the Attorney-General’s Office shall be deemed to have been appointed as the National Director of Public Prosecutions in terms of this Act, and his or her service with the Authority as the National Director of Public Prosecutions shall be deemed to be continuous with his or her service as the Deputy AttorneyGeneral responsible for the Criminal Division of the Attorney-General’s Office.` (3) The person who immediately before the fixed date was employed by the State as the Director of Public Prosecutions shall be deemed to have been appointed as the Deputy National Director of Public Prosecutions in terms of this Act, and his or her service with the Authority as the Deputy National Director of Public Prosecutions shall be deemed to be continuous with his or her service as the Director of Public Prosecutions. (4) Any person who immediately before the fixed date was employed by the State as a member of the Criminal Division of the Attorney-General’s Office and who has been delegated in terms of any law to institute criminal proceedings and to conduct any prosecution in criminal proceedings on behalf of the State— (a) shall continue in such employment; and (b) shall be deemed to have been authorised to exercise the powers referred to in section 12(4): Provided that no member shall, by virtue of this section, have more powers than he or she would have had under the delegation concerned. - 16 -

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