CI<t\!INALPmn'Dl'RE ..>..~D EvmE'\fCE AMENmlHN'I
2016
"Pwrll
Pl'tlSFCl '!!ON (JN BEHALf' OF STYli
5
Delegation of functions by Prosecutor-General
( 1) Subject to the general or specific instructions ofthe ProsecutorGeneral, the public prosecutor to whom responsibility for public
prosecutions is assigm~d under the :\'ational Prosecuting Authority A.ct
[Chapter 7:20] (:\'o 5 of2014), shall exercise all the rights and powers
and perform all ofthe functions conferred upon the Prosecutor -General by
section 259 of the Constitution, this Act or any other enactment, insofar
as they relate to criminal proceedings.
(2)The Prosecutor-Generalmay, when he or she deems it npcdient,
appoint any legal practitioner entitled to practise in Zimbabwe to exercise
(subject to the general or specific instructions of the Prosecutor-General)
all or any of the rights and powers or perform all or any of the functions
conferred upon the Prosecutor-General by section259ofthe Constitution,
this Act or any other enactment, whether or not they relate to criminal
proceedings.
(3) The ofticer referred to in subsection (1) or a legal practitioner
appointed in terms of subsection (2) may, subject to any conditions which
the Prosecutor-General may impose-
6
(a)
sign any certificate, authority or other document required or
authorised by an enactment referred to in those subsections;
and
(b)
appoint a member of the :\'ational Prosecuting Authority
constituted in terms of the :\ational Prosecuting Authority
Act [Chapter 7:20] (:\'o. 5 of201-t-), or a legal practitioner
entitled to practise in Zimbabwe, as the case may be, to
exercise the rights and pmvers or perform the functions
delegated to him or her in terms of subsection ( 1) or (2),
and the provisions of this subsection shall apply, with such
changes as may be necessary, in respect of that appointment.
National Director of Public Prosecutions
There shall he a National Director of Public Prosecutions appointed
in tenus of section 8 of the Nationa! Prosecuting Authority \ct [Chapter 7:2 0J
(No. 5of2014).
7
Change of prosecutor
Criminal proceedings instituted on behalf of the State by one public
prosecutor may be continued by any other public prosecutor.
8
Power to stop public prosecutions
The Prosecutor-General, or any person conducting criminal
proceedings on behalf of the State may(a)
before an accused pleads to a charge, \Vithdrm\ that charge,
in which event the accused shall not be entitled to a verdict
of acquittal in respect of that charge;
(b)
at any time after an accused has pleaded to a charge, hut
before conYiction, stop the prosecution in respect of that
charge, in \vhich event the court trying the accused shall
acquit the accused in respect of that charge.
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No.2