119 (7) The provisions relating to the removal of a judge from office apply to the removal of the Prosecutor-General from office. (8) The conditions of service of the Prosecutor-General, including his or her remuneration, must be provided for in an Act of Parliament, but the remuneration must not be reduced during the Prosecutor-General’s tenure of office. (9) The remuneration of the Prosecutor-General is a charge on the Consolidated Revenue Fund. (10) An Act of Parliament must provide for the appointment of a board to employ persons to assist the Prosecutor-General in the exercise of his or her functions, and must also provide— (a) for the qualifications of those persons; (b) for the conditions of service, conduct and discipline of those persons; (c) that in exercising their functions, those persons must be independent and impartial and subject only to the law and to the direction and control of the Prosecutor-General; (d) for the structure and organisation of the National Prosecuting Authority; and (e) generally, for the efficient performance and well-being of the National Prosecuting Authority. (11) The Prosecutor-General may direct the Commissioner of Police to investigate and report to him on anything which, in the Prosecutor-General's opinion, relates to an offence or alleged or suspected offence, and the Commissioner of Police must comply with that direction. 13.7 Independence of Prosecutor-General (1) Subject to this Constitution, the Prosecutor-General— (a) is independent and is not subject to the direction or control of anyone; and (b) must exercise his or her functions impartially and without fear, favour, prejudice or bias. (2) The Prosecutor-General must formulate and publicly disclose the general principles by which he or she decides whether and how to institute and conduct criminal proceedings. 13.8 Conduct of officers of National Prosecuting Authority (1) The Prosecutor-General and officers of the National Prosecuting Authority must act in accordance with this Constitution and the law. (3) No officer of the National Prosecuting Authority may, in the exercise of his or her functions— (a) act in a partisan manner; (b) further the interests of any political party or cause; (c) prejudice the lawful interests of any political party or cause; or (d) violate the fundamental rights and freedoms of any person. (4) Officers of the National Prosecuting Authority must not be active members or officebearers of any political party or organisation.

Select target paragraph3

Add to table of contents