National Prosecuting Authority Act, 2014 [Chapter 7:20] No. 5/ 2014 (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-General of Police to investigate and report to him or her on anything which, in the Prosecutor-General’s opinion, relates to an offence or alleged or suspected offence, and the CommissionerGeneral of Police must comply with that direction. 260 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. 261 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. (2) 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 or freedoms of any person. (3) Officers of the National Prosecuting Authority must not be active members or office bearers of any political party or organisation. (4) An Act of Parliament may make further provision to ensure the political neutrality of officers of the National Prosecuting Authority. 262 Prosecutor-General to report annually to Parliament -4-

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