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.
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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.
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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.
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