2016
C!~M 1"\.\Jl~J(l'llUHE AND EVIDHNCH , \~1 ENDM El'T
11
Functions of local public prosecutor
(I) All public prosecutors attached to a magistrates court are,
as representatives or the Prosecutor-General and subject to his or her
instructions, chargeJ with the duty of prosecuting in that magistrates
coUJ1, in the name and on behalf of Zimbabwe, all otTences which, under
any enactment governing magistrates courts or any other enactment, that
magistrates court has jurisdiction to try.
(2) Criminal proceedings instituted in a magistrates court by any
local public prosecutor may he continued by any other public prosecutor.
(3) When there is lodged with or made before a local public
prosecutor a sworn declaration in writing by any person disclosing that
any other person has committed an offence chargeable in the magistrates
court to which such public prosecutor is attached, he or she shall determine
whether there are good grounds for prosecution or not:
Provided that-
11A
(i)
he or she may refer to the Prosecutor-General the
question whether he or she shall prosecute or not;
(ii)
any other person may be specially authorised hy the
Prosecutor-General to prosecute in the matter.
Publication of principles on which decisions to prosecute are
based
(I) The Prosecutor-General shall, at intervals of not more than
two years. review the statement which he or she is required by section
260(2) of the Constitution to formulate, and which sets out the principles
by which he or she decides whether and how to institute and conduct
criminal proceedings.
(2) When formulating or reviewing the principles by which he or
she decides whether and ho\\ to institute and conduct criminal proceedings
in terms of section 260(2) of the Constitution, the Prosecutor-General
shall consult(a)
the Judicial Service Commission; and
(h)
the Law Society of Zimbabwe; and
(e)
such other persons and bcxlies as he or she thinks appropriate;
and while he or she shall not be bound to adopt any recommendation made
by those persons and bodies, he or she shall pay due regard to them.
(3) The Prosecutor-General shall ensure that the statement of
principles referred to in subsection ( 1) is published as widely as practicable,
and in partie ular shall ensure that copies of the statement, as amended from
time to time, are kept at all offices of the l\ational Prosecuting Authority
and arc available for inspection there by members of the public at all
reasonable times during oftice hours.".
4
Amendment of section 14 of Cap. 9:07
Section 1.:1- ("\Vhat other persons entitled to prosecute") of the principal Act is
amended(a)
hy the repeal
"(a)
or paragraph (a) and the substitution of-
a spouse of the person against whom the offence was committed;";
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No.2