National Prosecuting Authority Act, 2014 [Chapter 7:20]
No. 5/ 2014
(a) shall submit to the Minister any other report, and provide him or her with any other
information, that he or she may require in regard to the operation of the Authority; and
(b) may submit to the Minister any other report that the Board considers desirable.
(3) The Minister―
(a) shall table before Parliament every annual report submitted to him or her by the Board
in terms of subsection (1); and
(b) may table before Parliament any report submitted to him or her by the Board in terms
of subsection (2).
PART III
POWERS, DUTIES AND FUNCTIONS OF MEMBERS OF PROSECUTING
AUTHORITY
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Power to institute and conduct criminal proceedings
(1) The Prosecutor-General—
(a) shall institute and conduct criminal proceedings on behalf of the State; and
(b) shall carry out any necessary functions incidental to instituting and conducting such
criminal proceedings; and
(c) may discontinue criminal proceedings; and
(d) shall issue certificates nolle prosequi in accordance with the Criminal Procedure and
Evidence Act [Chapter 9:07], to persons intending to institute private prosecutions,
where the Prosecutor-General chooses not to prosecute; and
(e) perform such other functions as are conferred or imposed upon him or her by or in
terms of this Act or any other enactment.
(2) The Prosecutor-General may assign any duty referred to in subsection (1) to the
National Director of Public Prosecutions, subject to the control and directions of the ProsecutorGeneral.
(3) Subject to the Constitution and this Act, a member shall, subject to the control and
directions of the Prosecutor-General, exercise the powers referred to in subsection (1), in respect
of—
(a) the area of jurisdiction for which he or she has been appointed; and
(b) any offences which have not been expressly excluded from his or her jurisdiction,
either generally or in a specific case, by the Prosecutor-General.
(4) A member shall be competent to exercise any of the powers referred to in subsection
(1), to the extent that he or she has been authorised thereto in writing by the Prosecutor-General,
or by a person designated by the Prosecutor-General.
(5) The written authorisation referred to in subsection (4), shall set out—
(a) the area of jurisdiction; and
(b) the offences; and
(c) the court or courts;
in respect of which such powers may be exercised, in the form set out in the Third Schedule.
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