{ "id": "zw-2014-5", "type": "statute", "title": "National Prosecuting Authority Act", "title_en": "National Prosecuting Authority Act", "short_name": "zw-2014-5", "status": "in_force", "issued_date": "2014-01-01", "in_force_date": "2014-01-01", "url": "https://zimlii.org/akn/zw/act/2014/5/eng@2020-10-23", "provisions": [ { "provision_ref": "s1", "chapter": "Part I", "section": "1", "title": "Short title and date of commencement", "content": "1. Short title and date of commencement (1) This Act may be cited as the National Prosecuting Authority Act [Chapter 7:20] . (2) This Act shall come into operation on a date to be fixed by the President by statutory instrument." }, { "provision_ref": "s1", "chapter": "Schedule 1", "section": "1", "title": "Interpretation in First Schedule", "content": "1. Interpretation in First Schedule In this Schedule— “ appointed member ”, in relation to the Board, means a member appointed under Section 5 ; “ Chairperson ” means the Chairperson of the Board referred to in Section 5 (1)." }, { "provision_ref": "s2", "chapter": "Part I", "section": "2", "title": "Interpretation", "content": "2. Interpretation In this Act— “ Authority ” means the National Prosecuting Authority established in terms of section 258 of the Constitution; “ authority to prosecute ” means the authority to prosecute given to a professional member of the Authority by the Prosecutor-General in terms of section 12 (4) and (5); “ Board ” means the National Prosecuting Authority Board established by section 5 ; “ Department of Administration ” means the department of the Authority established in terms of section 15 ; “ Deputy Prosecutor-General ” means the Deputy Prosecutor-General appointed in terms of section 340(3) of the Constitution; [definition inserted by section 48 of Act 2 of 2016 ] \" Deputy Prosecutor-General ” means a person appointed as such in terms of section 8 ; [second definition of \"Deputy Prosecutor-General” inserted by section 2(b) of Act 7 of 2020 ] “ Director for Administration ” [definition of “Director for Administration” repealed by section 2(a) of Act 7 of 2020 ] “ fixed date ” means the date fixed in terms of section 1 (2) as the date of commencement of this Act; “ Minister ” means the Minister responsible for Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; “ National Director of Public Prosecutions \" [definition of “National Director of Public Prosecutions\" repealed by section 2(a) of Act 7 of 2020 ] “ member ”, in relation to the Authority , means a member of the Authority referred to or appointed in terms of section 4 ; “ Prosecutor-General ” means the Prosecutor-General appointed in terms of section 259 of the Constitution; “ Secretary to the Authority ” means the person appointed in terms of section 8A . [definition of “Secretary to the Authority” added by section 2(b) of Act 7 of 2020 ] Part II – National Prosecuting Authority and National Prosecuting Authority Board" }, { "provision_ref": "s2", "chapter": "Schedule 1", "section": "2", "title": "Disqualification for appointment to Board", "content": "2. Disqualification for appointment to Board (1) Subject to this Act, a person shall not be qualified for appointment as a member of the Board, nor shall he or she hold office as an appointed member, if— (a) he or she is not a citizen of Zimbabwe or ordinarily resident in Zimbabwe; or (b) he or she is a member of two or more other statutory bodies; or (c) he or she is a member of Parliament; or (d) he or she is a member of a local authority or is n the full-time employment of a local authority; or (e) in terms of the law in force in any country— (i) he or she has been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or (ii) he or she has made an assignment to or composition with his or her creditors which has not been rescinded or set aside; or (f) within the period of five years immediately preceding his or her proposed appointment, he or she has been sentenced in a country to a term of imprisonment imposed with or without the option of a fine, whether or not any portion thereof has been suspended, and has not received a free pardon. (2) For the purposes of subparagraph (1)(b)— (a) a person who is appointed to a council, board or authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body; (b) “statutory body” means— (i) any Commission established by the Constitution; or (ii) any corporate body established directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister or any other statutory body or by a Commission established by the Constitution." }, { "provision_ref": "s3", "chapter": "Part II", "section": "3", "title": "Corporate status of Authority", "content": "3. Corporate status of Authority The Authority is a body corporate capable of suing and being sued in its own name and, subject to this Act, of doing everything that bodies corporate can do by law." }, { "provision_ref": "s3", "chapter": "Schedule 1", "section": "3", "title": "Term of office and conditions of service of members of Board", "content": "3. Term of office and conditions of service of members of Board (1) Subject to this Schedule, the term of office of an appointed member of the Board shall be such period not exceeding five years as the Minister may fix on his or her appointment. Provided that notwithstanding paragraph (2), the Minister shall ensure that at least two members who have held office in the Board continue for another term. (2) On the expiry of an appointed member’s term of Authority, he or she shall be eligible for reappointment. (3) Subject to this Schedule, the conditions of service of an appointed member of the Board, including allowances, shall be fixed by the Minister in consultation with the Minister responsible for finance, at the time of his or her appointment. (4) Notwithstanding any other provision of this paragraph, the allowances payable to an appointed member of the Board shall not be reduced during his or her tenure of office." }, { "provision_ref": "s4", "chapter": "Part II", "section": "4", "title": "Constitution of National Prosecuting Authority", "content": "4. Constitution of National Prosecuting Authority (1) The National Prosecuting Authority shall consist of the following members— (a) the Prosecutor-General appointed in terms of section 259 of the Constitution; and (b) the Deputy Prosecutors-General; [paragraph (b) substituted by section 3 of Act 7 of 2020 ] (c) the Secretary to the Authority ; [paragraph (c) substituted by section 3 of Act 7 of 2020 ] (d) professional members of the Authority appointed in terms of section 9 ; and (e) the staff of the Department of Administration . [paragraph amended by section 48 of Act 2 of 2016 ] (2) Members of the National Prosecuting Authority are public officers but do not form part of the Civil Service." }, { "provision_ref": "s4", "chapter": "Schedule 1", "section": "4", "title": "Vacation of office by members of Board", "content": "4. Vacation of office by members of Board (1) An appointed member of the Board may resign from his or her office at any time by giving the Minister and the Board such notice of his or her intention to resign as may be fixed in his or her conditions of service in terms of paragraph 3 or, if no such period has been fixed, after the expiry of thirty days from the date he or she gives notice or after the expiry of such other period of notice as he or she and the Minister may agree. (2) An appointed member of the Board shall be deemed to have resigned from his or her office and his or her office shall become vacant— (a) if he or she becomes disqualified for appointment to the Board in terms of paragraph 2(a), (b), (c), (d) or (e); or (b) on the date he or she begins to serve a sentence of imprisonment, whether or not any portion was suspended, imposed with or without the option of a fine— (i) in Zimbabwe, in respect of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence." }, { "provision_ref": "s5", "chapter": "Part II", "section": "5", "title": "Establishment and composition of National Prosecuting Authority Board", "content": "5. Establishment and composition of National Prosecuting Authority Board (1) Subject to subsection (2), there is hereby established a Board , to be known as the National Prosecuting Authority Board . [subsection (1) substituted by section 4(a) of Act 7 of 2020 ] (1a) The Board shall consist of— (a) the Prosecutor-General ; and (b) a person who has been or is qualified to be a judge of the High Court or Supreme Court, appointed by the Minister after consultation with the Judicial Service Commission; and (c) a Commissioner of the Civil Service Commission appointed by the Chairperson of the Civil Service Commission; and (d) five members appointed, subject to subsection (2), by the Minister , of whom— (i) one shall be a person employed in the Ministry responsible for justice, nominated by the Minister responsible for justice; and (ii) one shall be a person employed in the Ministry responsible for finance nominated by the Minister responsible for finance; and (iii) one shall be a person appointed for his or her ability and experience in human resources management and development; and (iv) one shall be a person registered in terms of the Public Accountants and Auditors Act [Chapter 27:12] , nominated by the Minister responsible for finance after consultation with the Accountant General; and (v) one shall be a person registered in terms of the Legal Practitioners Act [Chapter 27:07] , nominated by the Law Society of Zimbabwe. [subsection (1a) inserted by section 4(b) of Act 7 of 2020 ] (1b) The President shall appoint one of the members referred to in subsection (1a)(b), (c) or (d) as the Chairperson and another as the Deputy Chairperson and shall ensure that the Chairperson and the Deputy Chairperson are of different genders. [subsection (1b) inserted by section 4(b) of Act 7 of 2020 ] (1c) The Prosecutor-General shall appoint his or her Deputy Prosecutor-General as his or her alternate, or if there are two or more Deputy Prosecutors-General, shall appoint each of them on an alternating basis as his or her alternate in any meeting of the Board that he or she is unable to attend. [subsection (1c) inserted by section 4(b) of Act 7 of 2020 ] (1d) The Secretary to the Authority shall be the Secretary of the Board . [subsection (1d) inserted by section 4(b) of Act 7 of 2020 ] (2) At least half of the members of the Board shall be women. (3) The First Schedule shall apply— (a) to the qualifications, terms and conditions of office, vacation of office, suspension and dismissal of members of the Board appointed in terms of subsection (1)(d); (b) to the procedure to be followed by the Board at its meetings. (4) The Board may, for and in connection with its functions in terms of this Act, have the additional powers specified in the Second Schedule. [section amended by section 48 of Act 2 of 2016 ]" }, { "provision_ref": "s5", "chapter": "Schedule 1", "section": "5", "title": "Filling of vacancies of Board", "content": "5. Filling of vacancies of Board On the death of, or vacation of office by, an appointed member of the Board, the Minister shall fill the vacancy within three months." }, { "provision_ref": "s6", "chapter": "Part II", "section": "6", "title": "Functions of Board", "content": "6. Functions of Board (1) The Board shall have the following functions— (a) administering and supervising the Authority ; and (b) appointing persons to the Authority , whether as permanent members on pensionable conditions of service, or on contract or otherwise, and assigning and promoting them to offices, posts and grades in the Authority , and fixing their conditions of service; and (c) inquiring into and dealing with complaints and grievances made by or against members of the Authority ; and (d) exercising disciplinary powers in relation to members of the Authority , other than the Prosecutor-General ; and (e) exercising any other functions that may be imposed or conferred upon it in terms of this Act or any other enactment. (2) The Board shall exercise its functions under this Act so as to ensure the well-being and good administration of the Authority and its maintenance in a high state of efficiency. (3) Subject to this Act, in the exercise of its functions, the Board shall not be subject to the control or direction of any person or authority, other than for the purpose of audit by the Auditor-General of those funds of the Authority that are voted by Parliament or charged on the Consolidated Revenue Fund by this Act or any other law." }, { "provision_ref": "s6", "chapter": "Schedule 1", "section": "6", "title": "Procedure of Board", "content": "6. Procedure of Board (1) Subject to subparagraph (2), the Board shall meet at such dates, times and places as may be fixed by the chairperson: Provided that the Board shall meet at least once every three months. (2) The chairperson— (a) may convene a special meeting of the Board at any time; and (b) shall convene a special meeting of the Board on the written request of not fewer than two members, which meeting shall be convened for a date not sooner than seven days and not later than thirty days after the chairperson’s receipt of the request. (3) Written notice of a special meeting convened in terms of subparagraph (2) shall be sent to each member not later than forty-eight hours before the meeting and shall specify the business for which the meeting has been convened: Provided that a failure by a member to receive such a notice, or an inadvertent failure to send notice to a member, shall not invalidate the meeting. (4) No business shall be discussed at a special meeting convened in terms of subparagraph (2) other than— (a) such business as may be determined by the chairperson where he or she convened the meeting in terms of subparagraph (2)(a); or (b) the business specified in the request for the meeting, where the chairperson convened the meeting in terms of subparagraph (2)(b). (5) In the absence of the chairperson the deputy chairperson shall preside over the meeting of the Board as chairperson. (6) In the absence of the chairperson or deputy chairperson, the members present shall, if they constitute a quorum, elect one of their numbers to preside over the meeting of the Board as chairperson. (7) At any meeting of the Board, five of the members of the Board shall form a quorum. (8) The Board will undertake to make decisions by consensus among the members present at the meeting of the Board at which a quorum is present; failing which anything authorised or required to be done by the Board shall be decided by a majority vote of the members at that meeting. (9) At all meetings of the Board each member present shall have one vote on each question before the Board: Provided that, in the event of an equality of votes, the chairperson or person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote. (10) With the approval of the Board, the chairperson may invite any person to attend a meeting of the Board where the chairperson considers that the person has special know ledge or experience in any matter to be considered at the meeting. (11) A person invited to attend a meeting of the Board under subparagraph (9) may take part in the meeting as if he or she were a member of the Board, but shall not have a vote on any question before the meeting. (12) Any proposal circulated among all members of the Board and agreed to in writing by a majority of them shall have the same effect as a resolution passed at a duly constituted meeting of the members and shall be incorporated into the minutes of the next meeting of the Board: Provided that, if a member requires that such a proposal be placed before a meeting of the Board, this subparagraph shall not apply to the proposal. (13) Except as otherwise provided in this paragraph, the procedure for the convening and conduct of meetings of the Board shall be as fixed from time to time by the Board." }, { "provision_ref": "s7", "chapter": "Part II", "section": "7", "title": "Delegation of functions", "content": "7. Delegation of functions (1) For the better exercise of its functions and in the interest of ensuring the greatest degree of devolution of decision-making consistent with good administration, the Board may— (a) ensure that the exercise of its functions, including in particular the appointment of members of the Authority , and the assignment and promotion of members of the Authority to offices, posts and grades in the Authority , is delegated wherever practicable to the appropriate member ; and (b) take whatever steps as are necessary to encourage the greatest possible delegation of decision-making to all departments and sub-departments of the Authority . (2) The delegation of a function by the Board in terms of subsection (1)— (a) shall be in writing; and (b) may be made absolutely or subject to conditions; and (c) may be amended or revoked at any time; and (d) shall not preclude the Board from exercising the function so delegated. (3) Where the Board has delegated a function in terms of subsection (1)(a) to a member , any conditions or limitations applicable to the exercise of that function by the Board shall apply to the exercise of that function by the member . (4) Where a person has been or is about to be appointed to or promoted within the Authority pursuant to a power delegated by the Board under subsection (1)(a), and the Board considers that— (a) the person does not have the qualifications or ability necessary to carry out the duties of the position he or she occupies or would occupy, as the case may be; or (b) his or her appointment or promotion has contravened or would contravene, as the case may be, any condition under which the power was delegated; the Board shall without delay revoke the appointment or promotion or direct that the appointment or promotion shall not be made, as the case may be, and may take such other action in the matter as the Board thinks necessary: Provided that before taking any action in terms of this subsection, the Board shall give the person whose appointment or promotion is in issue and the person who appointed or promoted him or her or proposed to appoint or promote him or her, an adequate opportunity to make representations in the matter." }, { "provision_ref": "s7", "chapter": "Schedule 1", "section": "7", "title": "Committees of Board", "content": "7. Committees of Board (1) For the better exercise of its functions, the Board may establish one or more committees in which it may vest such of its functions as it considers appropriate. (2) The vesting of a function in a committee in terms of subparagraph (1)— (a) may be made absolutely or subject to conditions and may be amended or withdrawn at any time; and (b) shall not divest the Board of that function; and the Board may amend or rescind any decision of the committee in the exercise of that function. (3) On the establishment of a committee under subparagraph (1) the Board— (a) shall appoint at least one of its members as a member of the committee, and that member or one of those members designated by the Board, as the case may be, shall be chairperson of the committee; and (b) may appoint as members of the committee persons who are not members of the Board and fix the terms and conditions of their appointment. (4) Meetings of a committee may be convened at any time and at any place by the chairperson of the committee. (5) If the chairperson of the committee is absent from a meeting of the committee, the members present may elect one of their number to preside at that meeting as chairperson. (6) A majority of members of a committee shall form a quorum at any meeting of a committee. (7) Anything authorised or required to be done by a committee may be decided by a majority vote at a meeting of the committee at which a quorum is present. (8) At all meetings of a committee each member present shall have one vote on each question before the committee: Provided that, in the event of an equality of votes, the chairperson or person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote. (9) Subject to this paragraph, the procedure to be followed at any meeting of a committee shall be fixed by the Board." }, { "provision_ref": "s8", "chapter": "Part II", "section": "8", "title": "Deputy Prosecutors General", "content": "8. Deputy Prosecutors General (1) The Board shall, in consultation with the Minister , appoint such number of Deputy Prosecutors-General as it deems necessary. (2) The Deputy Prosecutors-General shall— (a) head specific sections or departments of the Authority and shall supervise the members assigned thereto by the Prosecutor-General ; and (b) shall be subject to the direction of, and report, to the Prosecutor-General on the discharge of their duties. [section 8 substituted by section 5 of Act 7 of 2020 ]" }, { "provision_ref": "s8", "chapter": "Schedule 1", "section": "8", "title": "Minutes of proceedings", "content": "8. Minutes of proceedings (1) The Board shall cause minutes to be taken at its meetings and at meetings of its committees and enter them in books kept for the purpose. (2) Any minutes which purport to be signed by the person presiding at the meeting to which the minutes relate or by the person presiding at the next following meeting of the Board or committee, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings and decisions taken at the meeting concerned. (3) The Board and any committee of the Board shall cause copies of all minutes that have been signed to be sent to the Minister for his or her information." }, { "provision_ref": "s8A", "chapter": "Part II", "section": "8A", "title": "Appointment and functions of Secretary to Authority", "content": "8A. Appointment and functions of Secretary to Authority (1) The Board shall, in consultation with the Minister , appoint the Secretary to the Authority on such terms and conditions as it shall fix. (2) The Secretary to the Authority shall, supervise and manage the Authority ’s staff activities, funds and property and perform such other functions on behalf of the Prosecutor-General as the Prosecutor-General may assign to him or her. (3) The Secretary to the Authority is prescribed for the purposes of section 49 of the Public Finance Management Act [Chapter 22:19] (Act No. 11 of 2009 ) to be the accounting officer of the Authority . [section 8A inserted by section 5 of Act 7 of 2020 ]" }, { "provision_ref": "s9", "chapter": "Part II", "section": "9", "title": "Appointment of professional members of Authority", "content": "9. Appointment of professional members of Authority Subject to section 30 , any person appointed as a professional member of the Authority shall— (a) possess legal qualifications that entitle him or her to practise in all courts in Zimbabwe; and (b) be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned." }, { "provision_ref": "s9", "chapter": "Schedule 1", "section": "9", "title": "Validity of decisions and acts of Board", "content": "9. Validity of decisions and acts of Board (1) No decision or act of the Board or act done under the authority of the Board shall be invalid solely because there were one or more vacancies on the Board when the decision was taken or the act was done or authorised or a disqualified person partook in the act or decision. (2) If any decision or other act of the Board is rendered invalid through a procedural irregularity, the Board may at a duly convened meeting ratify the decision or act, and any decision or act so ratified shall be valid in all respects with effect from the date of its ratification. Second Schedule (Section (5)(4)) Powers of National Prosecuting Authority Board 1. To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and interests therein and rights thereof and concessions, grants, powers and privileges in respect thereof. 2. To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions. 3. To maintain, alter or improve property acquired by it. 4. To mortgage any assets, or part of any assets and, with the approval of the minister, to sell, exchange, lease, dispose of, turn to account or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions for such consideration as it may determine. 5. To open bank accounts in the name of the national prosecuting authority and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions promissory notes, bills of exchange, securities and other negotiable or transferable instruments. 6. To insure against losses, damages, risks and liabilities which it may incur. 7. To make contracts and enter into suretyships or give guarantees in connection with the exercise of its functions and to modify and rescind such contracts or rescind such suretyships or guarantees. 8. With the approval of minister, to establish and administer such funds and reserves not specifically provided for in this act as the board considers appropriate or necessary for the proper exercise of the functions of the national prosecuting authority. 9. To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to members as it considers fit. 10. To provide pecuniary benefits for members on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, provident funds or make such other provision as may be necessary to secure for members and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate. 11. To purchase, take on lease or in exchange or otherwise acquire land or dwelling-houses for use or occupation by members. 12. To construct dwellings, outbuildings or improvements for use or occupation by members. 13. To sell or lease dwelling-houses and land for residential purposes to members. 14. To provide or guarantee loans made to members for the purchase of dwelling-houses or land for residential purposes, the construction of dwelling-houses and the improvement of dwelling houses or land which are the property of members, subject to any conditions that may be imposed by the board from time to time. 15. To provide security in respect of loans by the deposit of securities, in which the national prosecuting authority may invest such money as the board may consider necessary for the purpose. 16. Subject to any conditions that may be imposed by the board from time to time, to provide loans to any members— (a) for the purpose of purchasing vehicles, tools or other equipment to be used by members in carrying out their duties; or (b) not exceeding six months’ salary or wages payable to the members concerned, for any purpose and on such security as the Board thinks adequate. 17. To do anything for the purpose of improving the skill, knowledge or usefulness of members and in that connection to provide or assist other persons in providing facilities for training, education and research, including the awarding of scholarships for such training. 18. To provide technical advice or assistance, including training facilities, to the national prosecuting authority of other countries. 19. To accept, with the approval of the minister, any donations, gifts or assistance from any organisation or person. 20. To do anything which by this act is required or permitted to be done by the national prosecuting authority. 21. Generally to do all such things as are calculated to facilitate or are incidental or conducive to the performance of the functions of the national prosecuting authority in terms of this act or any other enactment. Third Schedule (Section 12(5)) Authority to prosecute in the courts of Zimbabwe Authority to prosecute issued in terms of Section 12(5) of the National Prosecuting Authority Act I, ________________________________________________________________________, Prosecutor-General of Zimbabwe, do herby nominate and appoint _________________________________________________________________to appear before the Magistrates Court, High Court, Supreme Court and Constitutional Court of Zimbabwe, for me and in my name, to prosecute all such cases as shall be therein pending. Dated at Harare this _________ day of _______________, 20______ Prosecutor-General Fourth Schedule (Section 33) Amendment of various Acts Part I – Interpretation Act [Chapter 1:01] In section 3 (“Definitions”) (3), by the insertion of the following definitions— “National Prosecuting Authority” means the National Prosecuting Authority established in terms of section 258 of the Constitution; “Prosecutor-General” means the Prosecutor-General appointed in terms of section 259 of the Constitution;”. Part II – Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] In section 22 (“Prosecutions by Attorney-General”)— (a) by the deletion of the heading thereto and the substitution of “Prosecutions by Prosecutor-General” (b) in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”; (c) in subsection (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”. Part III – Electoral Act [Chapter 2:13] In section 133J (“Investigations, prosecutions and trials of cases of politically-motivated violence and intimidation”) (4) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”; Part IV – Children’s Act [Chapter 5:06] In section 4 (“Officers of juvenile courts”) (7) by the deletion of Attorney-General and the substitution of “Prosecutor-General”. Part V – Insolvency Act [Chapter 6.04] In section 70 (“Steps to be taken on suspicion of offence”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”. Part VI – High Court Act [Chapter 7:06] 1. In section 6 (“Assessors in criminal trials”) (4) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”. 2. In section 29 (“Powers on review of criminal proceedings”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”. 3. In section 35 (“Concession of appeal by Attorney-General”)— (a) by the deletion of the heading thereto and the substitution of “Concession of appeal by Prosecutor-General”; (b) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”. 4. In section 36 (“Prosecution of appeals in person”) (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”. 5. In section 38A (“Special powers of High Court in respect of appeals by Attorney-General on points of law”)— (a) by the deletion of the heading thereto and the substitution of “Special powers of High Court in respect of appeals by Pros" }, { "provision_ref": "s10", "chapter": "Part II", "section": "10", "title": "Provincial, district and other offices of Authority", "content": "10. Provincial, district and other offices of Authority The Board shall establish a principal office and such offices at provincial, district and other administrative levels as it considers fit for the better performance of its functions." }, { "provision_ref": "s11", "chapter": "Part II", "section": "11", "title": "Reports of Board", "content": "11. Reports of Board (1) The Board shall, as soon as possible after the end of each financial year, submit an annual report to the Minister . (2) In addition to the report referred to in subsection (1), the Board — (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" }, { "provision_ref": "s12", "chapter": "Part III", "section": "12", "title": "Power to institute and conduct criminal proceedings", "content": "12. 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 a Deputy Prosecutor-General , subject to the control and directions of the Prosecutor-General . [subsection (2) amended by section 6 of Act 7 of 2020 ] (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." }, { "provision_ref": "s13", "chapter": "Part III", "section": "13", "title": "Publication of general principles pursuant to section 260(2) of the Constitution", "content": "13. Publication of general principles pursuant to section 260(2) of the Constitution The Prosecutor-General shall— (a) not less than six months after the enactment of this Act, in the case of the first Prosecutor-General ; or (b) not less six months after his or her appointment; publish by General Notice in the Gazette and in such other media as he or she considers will bring such principles to public notice the general principles by which he or she decides whether and how to institute and conduct criminal proceedings. Part IV – Administration of National Prosecuting Authority" }, { "provision_ref": "s14", "chapter": "Part IV", "section": "14", "title": "Policy directions concerning Board ’s functions", "content": "14. Policy directions concerning Board ’s functions Subject to the Constitution and this Act, the Minister may give the Board such directions of a general character relating to the policy which the Board is to observe in the exercise of its functions, as the Minister considers to be requisite in the public interest." }, { "provision_ref": "s15", "chapter": "Part IV", "section": "15", "title": "Department of Administration", "content": "15. Department of Administration (1) There shall be a department of the Authority , whose staff shall be appointed by the Board in consultation with the Minister , known as the Department of Administration , which shall be responsible for— (a) managing the administrative, human resource management and financial affairs of the Authority and implementing the decisions of the Board ; and (b) providing technical advice and support to the Board ; and (c) formulating administrative rules, guidelines and procedures to facilitate the achievement of the mission of the Authority ; and (d) exercising any other functions that may be imposed or conferred upon it by this Act or any other enactment. (2) The Department of Administration shall be controlled by the Secretary to the Authority (subject to the general control of the Board and to any specific directions given to him or her by the Board ) and staffed by such persons as the Board may think necessary to ensure that the Department is able to discharge its functions. [subsection (2) amended by section 7(a) of Act 7 of 2020 ] (3) The Secretary to the Authority shall report to the Prosecutor-General . [subsection (3) substituted by section 7(b) of Act 7 of 2020 ]" }, { "provision_ref": "s16", "chapter": "Part IV", "section": "16", "title": "Departments and classification of members of Authority", "content": "16. Departments and classification of members of Authority (1) In addition to the Department of Administration , the Authority shall have such departments and sub-departments as the Board may establish from time to time, each headed by an member of such grade and designation as the Board shall determine. (2) For each department the Board shall assign such members of the Authority as may be necessary to carry out the department’s functions. (3) Members of the Authority shall be classified in such a manner as may be prescribed." }, { "provision_ref": "s17", "chapter": "Part IV", "section": "17", "title": "Persons under contract", "content": "17. Persons under contract (1) The Board may engage as members of the Authority persons under contract, on such conditions as it may prescribe. (2) There may be incorporated in the conditions referred to in subsection (1), such provisions of any service regulations applicable to a member of the Authority as the Board shall determine. (3) Upon the termination of a contract entered into in terms of subsection (1), the person under contract shall cease to be a member of the Authority , unless the contract is renewed or he or she is appointed to the Authority in some other capacity." }, { "provision_ref": "s18", "chapter": "Part IV", "section": "18", "title": "Probationary period", "content": "18. Probationary period (1) A member of the Authority appointed otherwise than under contract shall serve a probationary period of not less than six months and not more than one year, as the Board may prescribe or fix in relation to that member . (2) The appointment of a member under subsection (1) shall be confirmed at the end of the probationary period unless, at any time during the probationary period, the Board considers that the member does not meet the required standard of performance, in which case the Board may— (a) discharge the member ; or (b) extend the probationary period by not more than twelve months, at the end of which period the member shall be discharged if he or she fails to meet the required standard of performance." }, { "provision_ref": "s19", "chapter": "Part IV", "section": "19", "title": "Conditions of service of members of Authority", "content": "19. Conditions of service of members of Authority (1) Subject to the Constitution and any other enactment, the conditions of service applicable to members of the Authority , including their remuneration, allowances, pension benefits, leave of absence, hours of work, discipline and discharge, shall be fixed by the Board : Provided that, to the extent that such conditions may result in an increase in expenditure chargeable on the Consolidated Revenue Fund, the concurrence of the Minister responsible for finance shall be obtained. (2) Conditions of service may be fixed in terms of subsection (1), by means of service regulations, notices, circulars or in any other manner that the Board considers will best bring the conditions to the attention of members of the Authority who are affected by them: Provided that, in the event of any conflict between service regulations and the contents of any notice, circular or other instrument by means of which any conditions of service are made known to members, the service regulations shall prevail. (3) The Board may, in terms of subsection (1), alter the conditions of service of existing members of the Authority : Provided that no member ’s fixed salary or salary scale shall be reduced except when the member has been found guilty’ of misconduct or has consented to the reduction. (4) Without derogating from the generality of subsection (1), conditions of service fixed in terms of that subsection may provide for the dismissal or discharge of a member of the Authority — (a) owing to— (i) the abolition of his or her post or the withdrawal of his or her authority to prosecute ; or (ii) a reduction in, or an adjustment of the Authority ; or (b) if the removal will help to improve efficiency or economy in the Authority . (5) Except with the written permission of the Board , no member of the Authority shall engage in any occupation or work for remuneration outside his or her employment in the Authority ." }, { "provision_ref": "s20", "chapter": "Part IV", "section": "20", "title": "Consultations on conditions of service of members of Authority with recognised associations and organisations", "content": "20. Consultations on conditions of service of members of Authority with recognised associations and organisations (1) The Minister responsible for labour may, after consultation with the Board , by written notice to the association or organisation concerned, declare any association or organisation representing all or any members of the Authority to be a recognised association or a recognised organisation, as the case may be, for the purpose of this Act. (2) The Minister responsible for labour may, after consultation with the Board , at any time, by written notice to the recognised association or organisation concerned, revoke any declaration made in terms of subsection (1). (3) The Board may consult with a recognised association or organisation on such matters affecting the efficiency, well-being or good administration of the Authority or the interests of the members of the recognised association or organization, as the Board thinks appropriate; and a recognised association or organisation may make representations to the Board concerning the conditions of service of the members of the Authority represented by the association or organisation, and the Board shall pay due regard to any such representations when exercising any function in terms of this Act. (4) Any member of the Authority who is eligible to do so may join a recognised association or organisation and, subject to this Act, participate in its lawful activities. (5) A member of the Authority who fails or refuses to join a recognised association or organisation shall not, on account of such failure, be debarred from or prejudiced in respect of any appointment, promotion or advancement within the Authority . Part V – Discipline of members of National Prosecuting Authority" }, { "provision_ref": "s21", "chapter": "Part V", "section": "21", "title": "Investigation and adjudication of misconduct cases", "content": "21. Investigation and adjudication of misconduct cases Subject to section 23 , any case involving misconduct or suspected misconduct on the part of a member (other than the Prosecutor-General) of the Authority shall be investigated, adjudicated upon and, where appropriate, punished by the Board or by such person or authority as may be prescribed." }, { "provision_ref": "s22", "chapter": "Part V", "section": "22", "title": "Removal of members from Authority", "content": "22. Removal of members from Authority (1) If the Prosecutor-General advises the Board that a member of the Authority who has been confirmed as a member under this Act is found to have committed such an act of misconduct as may justify the member ’s discharge from the Authority , the Board shall appoint a disciplinary committee consisting of— (a) a member who heads a department of the Authority other than the member to whom the member who committed the misconduct reports to; and (b) two other members of the Authority who have been confirmed as members, who shall not be junior in rank to the member alleged to have committed the act of misconduct in question. (2) The procedure to be followed by a disciplinary committee and the penalties that it may impose upon a member found by it to have committed an act of misconduct, shall be as prescribed." }, { "provision_ref": "s23", "chapter": "Part V", "section": "23", "title": "Appeals to Labour Court", "content": "23. Appeals to Labour Court Any member or former member of the Authority who is aggrieved by— (a) any decision reached; or (b) any penalty imposed upon him or her; or both the decision reached and the penalty imposed upon him or her; in respect of misconduct found to have been committed by him or her may appeal against the decision or penalty to the Labour Court within thirty days from the date of the decision or imposition of the penalty. Part VI – Financial provisions" }, { "provision_ref": "s24", "chapter": "Part VI", "section": "24", "title": "Funds of Authority", "content": "24. Funds of Authority (1) The funds of the Authority shall consist of— (a) moneys appropriated by Act of Parliament for the salaries and allowances payable to and in respect of members of the Authority and the recurrent administrative expenses of the Authority ; and (b) any other moneys that may be payable to the Authority from monies appropriated for the purpose by Act of Parliament; and (c) any donations, grants, bequests or loans made by any person or organisation or any government of any country to the Authority and accepted by the Board in consultation with the Minister ; and (d) any other moneys that may vest in or accrue to the Authority , whether in terms of this Act or otherwise. (2) The Board shall apply the funds referred to in subsection (1) to the fulfilment of its functions." }, { "provision_ref": "s25", "chapter": "Part VI", "section": "25", "title": "Accounts of Authority and appointment of internal auditor", "content": "25. Accounts of Authority and appointment of internal auditor (1) The Authority shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Authority ’s activities, funds and property, including such particular accounts and records as the Board may direct. (2) As soon as possible after the end of each financial year, the Authority shall prepare and submit to the Board a statement of accounts in respect of that financial year or in respect of such other period as the Board may direct. (3) Section 80 of the Public Finance Management Act [Chapter 22:19] (No. 12 of 2009) shall apply, with such changes as may be necessary, to the appointment of an internal auditor to the Authority in all respects as if the Authority were a Ministry or department of a Ministry." }, { "provision_ref": "s26", "chapter": "Part VI", "section": "26", "title": "Audit of accounts", "content": "26. Audit of accounts (1) The accounts of the Authority shall be audited by the Auditor-General, who for that purpose shall have the functions conferred on him or her by sections 7 and 8 of the Audit Office Act [Chapter 22:18] (Act No. 12 of 2009 ). (2) Any person under the authority or supervision of the Board who refuses to provide the Auditor-General with an explanation or information required by him or her for the purposes of an audit in terms of subsection (1), or knowingly provides the Auditor-General with a false explanation or information, or an explanation or information that the person has no grounds for believing to be true, shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (3) Notwithstanding anything contained in subsection (1), the Auditor-General may appoint a suitably qualified person to audit the accounts of the Authority , and if he or she does so— (a) subsections (1) and (2) shall apply in respect of the person so appointed as if he or she were the Auditor-General; and (b) any expenses incurred by the person so appointed in carrying out his or her audit shall be met from the funds of the Authority . Part VII – General" }, { "provision_ref": "s27", "chapter": "Part VII", "section": "27", "title": "Engagement of persons to perform services in specific cases", "content": "27. Engagement of persons to perform services in specific cases (1) The Prosecutor-General may, in consultation with the Minister , engage under agreement in writing any person having suitable qualifications and experience to perform services for the Authority in specific cases. (2) The terms and conditions of service of a person engaged under subsection (1) shall be determined from time to time by the Minister in consultation with the Minister responsible for finance." }, { "provision_ref": "s27A", "chapter": "Part VII", "section": "27A", "title": "Establishment of Asset Forfeiture Unit of the NPA", "content": "27A. Establishment of Asset Forfeiture Unit of the NPA (1) There is hereby established an Asset Forfeiture Unit (the \"AFU\") within the National Prosecuting Authority whose functions shall be— (a) to give assistance to prosecutors in making, and co-ordinate the making of, and oversee the discharge of, applications for— (i) interdicts under Part II of Chapter IV of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (hereinafter referred to as the \"Money Laundering Act\"); and (ii) confiscation orders under Part III of Chapter IV of the Money Laundering Act; and (iii) benefit recovery orders under Part IV of Chapter IV of the Money Laundering Act; and (iv) compensation orders under Part V of Chapter IV of the Money Laundering Act; and (v) investigative orders for criminal investigation under Part VI of Chapter IV of the Money Laundering Act; and (vi) civil forfeiture orders under Part I of Chapter V of the Money Laundering Act; and (vii) investigative orders for civil forfeiture under Part II of Chapter IV of the Money Laundering Act; and (viii) the confiscation of property that are the instrumentalities or proceeds of crime under any law other than the Money Laundering Act; and (b) on the instruction of the Prosecutor-General to make the applications referred to in paragraph (a) through any of its designated officers referred to in subsection (3); and (c) to manage the storage and maintenance of assets seized and forfeited pursuant to the Money Laundering Act; and (d) to provide mutual legal assistance to foreign states seeking the tracing, identification, freezing and confiscation of property under the Money Laundering Act and foreign anti-money-laundering laws. (2) The AFU shall he headed by a Chief Public Prosecutor who shall be appointed by the Board and must be a Registered Legal Practitioner. (3) The AFU shall be staffed on a casual, part-time, rotational or full-time basis by other prosecutors specially designated by the Prosecutor-General : Provided that the Prosecutor-General may, with the leave of the Board and in consultation with the Minister , engage under agreement in writing any person having suitable qualifications and experience to perform services for the AFU in specific cases. (4) In the exercise of its functions, the AFU shall work in cooperation with the Zimbabwe Anti Corruption Commission, Zimbabwe Revenue Authority , the Financial Intelligence Unit and other supervisory, regulatory or investigative authorities for purposes of facilitating the tracing, identification, recovery, seizure or confiscation of proceeds of crime. (5) The AFU may cooperate with foreign counterpart agencies, foreign supervisory, regulatory or investigative authorities and regional and international organisations involved in combating money laundering, terrorist financing or other crimes, for purposes of facilitating the tracing, identification, recovery, seizure or confiscation of proceeds of crime, whether in relation to offences committed in Zimbabwe or elsewhere. [ section 27A inserted by section 17 of Act 12 of 2018 ]" }, { "provision_ref": "s28", "chapter": "Part VII", "section": "28", "title": "Legal proceedings against Authority", "content": "28. Legal proceedings against Authority The State Liabilities Act [Chapter 8:14] applies with necessary changes to legal proceedings against the Authority, including the substitution of references therein to the Minister by references to the Prosecutor-General." }, { "provision_ref": "s29", "chapter": "Part VII", "section": "29", "title": "Pension rights of members of Authority", "content": "29. Pension rights of members of Authority (1) Every member of the Civil Service who, immediately before the fixed date , is employed in the Criminal Division of the Attorney-General’s Office on pensionable conditions of service and who on that date is engaged as a member of the Authority , shall continue to contribute towards the Civil Service Pension Scheme as if his or her service with the Authority forms part of and is continuous with his or her service with the Civil Service prior to his or her engagement. (2) Any person who is engaged by the Authority after the fixed date shall, on the date of his or her engagement, have the option to contribute— (a) towards the Civil Service Pension Scheme; or (b) towards any pension scheme that the Board may establish or permit members of the Authority to participate in." }, { "provision_ref": "s30", "chapter": "Part VII", "section": "30", "title": "Service regulations", "content": "30. Service regulations (1) Subject to this Act, the Board may, with the concurrence of the Minister , make regulations providing for the conditions of service of members of the Authority . (2) Regulations made in terms of subsection (1) may provide for— (a) the appointment, classification, qualifications, salaries, allowances and other remuneration and benefits of members of the Authority , and their promotion, functions, hours of work and leave of absence; (b) the pension benefits payable to the members of the Authority and other persons in respect of members’ service with the Civil Service, the contributions payable in respect of such benefits and the circumstances in which such pension benefits may be reduced, suspended or withdrawn; (c) a code of ethical and professional conduct for members of the Authority ; (d) training and development courses for members of the Authority and the attendance of such members thereat; (e) the use by members of the Authority of vehicles, equipment and other property of the State or the Authority , their indemnification in respect of such use and additionally, or alternatively, the recovery from them of compensation and penalties in respect of damage or loss caused by such use; (f) the manner in which members of the Authority may make representations in regard to matters affecting their conditions of service and general welfare; (g) the manner in which grievances of members of the Authority may be expressed, investigated and redressed; (h) the terms and conditions of contracts entered into in terms of section 17 ; (i) the circumstances in which the Board may assent to cessions of salary, allowances or other remuneration; (j) the discipline of members of the Authority , and the penalties that may be imposed upon them and other measures that may be taken against them for misconduct if they are inefficient or unsuitable or incapable of performing their duties or if they are convicted of criminal offences; (j) the suspension, retirement, resignation, discharge, abandonment and employment and other termination of service of members of the Authority ; [Please note: numbering as in original.] (k) the conduct of investigations, inspections and examinations for the purposes of this Act; (l) any other matter which, in the opinion of the Board , it is necessary or convenient to prescribe in order to ensure the well-being and good administration of the Authority and its maintenance in a high state of efficiency. (3) To the extent that regulations made in terms of subsection (1) may result in an increase in expenditure chargeable on the Consolidated Revenue Fund, the Board shall obtain the concurrence of the Minister responsible for finance before they are enacted. (4) Regulations made in terms of subsection (1) may provide that any enactment relating to the conditions of service of members of the Civil Service shall apply to or in respect of any members of the Authority , subject to such modifications or conditions as may be specified in the regulations, and thereupon the enactment concerned shall apply to or in respect of those members of the Authority . (5) If, after an enactment has been made applicable to any members of the Authority as provided in subsection (4), the enactment concerned is amended, the amendment shall also apply to or in respect of the members concerned unless the Board provides in regulations that it shall not apply." }, { "provision_ref": "s31", "chapter": "Part VII", "section": "31", "title": "Act not to affect application of certain other laws", "content": "31. Act not to affect application of certain other laws To the extent that the appointment, conditions of service, termination of service or pension benefits of a member of the Authority is or are provided for by or under the Constitution or any other enactment, this Act shall not apply to or in respect of that member ." }, { "provision_ref": "s32", "chapter": "Part VII", "section": "32", "title": "Transitional provisions", "content": "32. Transitional provisions (1) In this section— “transferred member ” means a member who has been transferred to the service of the Authority in terms of subsection (3) or (4). (2) The person who immediately before the fixed date was employed by the State as the Deputy Attorney-General responsible for the Criminal Division of the Attorney-General’s Office shall be deemed to have been appointed as the Deputy Prosecutor-General in terms of this Act, and his or her service with the Authority as the National Director of Public Prosecutions shall be deemed to be continuous with his or her service as the Deputy Attorney-General responsible for the Criminal Division of the Attorney-General’s Office. [subsection amended by section 48 of Act 2 of 2016 ] (3) The person who immediately before the commencement of National Prosecuting Authority Amendment Act, 2019 was employed by the Authority as the National Director of Public Prosecutions shall be deemed to have been appointed as one of the Deputy Prosecutors-General in terms of this Act, and his or her service with the Authority as the Deputy Prosecutor-General shall be deemed to be continuous with his or her service as the National Director of Public Prosecutions . [subsection (3) amended by section 48 of Act 2 of 2016 and substituted by section 8(a) of Act 7 of 2020 ] (4) Any person who immediately before the fixed date was employed by the State as a member of the Criminal Division of the Attorney-General’s Office and who has been delegated in terms of any law to institute criminal proceedings and to conduct any prosecution in criminal proceedings on behalf of the State— (a) shall continue in such employment; and (b) shall be deemed to have been authorised to exercise the powers referred to in section 12 (4): Provided that no member shall, by virtue of this section, have more powers than he or she would have had under the delegation concerned. (5) Criminal proceedings which have been instituted before the fixed date must be disposed of as if the decision to institute and prosecute in such criminal proceedings had been taken by a member of the Authority . (6) As from the fixed date , all offices of the Attorney-General at the courts shall become offices of the Authority . (7) Notwithstanding the commencement of this Act, all measures regulating the institution and conducting of prosecutions in any court shall remain in force until repealed or amended under this Act or by any competent authority. (8) For the avoidance of doubt any term limits referred to in this Act shall not apply to any person referred to in this section. (9) The Courts Administration Fund that was established under the Audit and Exchequer Act [Chapter 22:03] and saved under section 93(3)(b) of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009) shall continue in force subject (notwithstanding anything to the contrary in the constitution of that Fund) to the following reallocation of the public monies retained in it with effect from the date of the commencement of National Prosecuting Authority Amendment Act, 2019— (a) thirty-five per centum of the monies shall be allocated to the Judicial Service Commission; and (b) twenty-five per centum of the monies shall be allocated to the National Prosecuting Authority ; and (c) fifteen per centum of the monies shall be allocated to the Attorney-General’s Office; and (d) ten per centum of the monies shall be allocated to the Ministry responsible for the administration of this Act. (e) fifteen per centum of the monies shall be allocated to the Zimbabwe Prisons and Correctional Services [subsection (9) amended by section 48 of Act 2 of 2016 and substituted by section 8(b) of Act 7 of 2020 ] (10) Any regulation, notice, circular or other document which, immediately before the fixed date , regulated the conditions of service of any class of transferred members in terms of the Public Service Act [Chapter 16:04] shall continue, on and after that date, to regulate the conditions of service of— (a) those transferred members; and (b) any persons who join the Authority after the fixed date and who are in the same class as those transferred members; until the Authority replaces the regulation, notice, circular or other document concerned or otherwise alters the conditions of service concerned in terms of this Act. (11) If on the fixed date — (a) there were disciplinary proceedings in terms of the Public Service Act [Chapter 16:04] pending against a person who, but for this subsection, would be a transferred member, such proceedings shall continue after the fixed date in all respects as if such person is a member of the Civil Service and, if the proceedings result in the dismissal of that person, that person shall not be transferred to the Authority; (b) any promotion or advancement was being processed in terms of the Public Service Act [Chapter 16:04] in relation to any transferred member, such promotion or advancement shall be processed and completed after the fixed date in all respects as if such transferred member is a member of the Civil Service and, if the promotion or advancement proceedings result in the promotion or advancement of that transferred member, that member shall be transferred to the Authority at the equivalent grade or post; (c) any civil proceedings were instituted and are pending against any transferred member in his or her official capacity, such proceedings shall continue and be completed after the fixed date in all respects as if such transferred member is a member of the Civil Service. (12) Subsection (9) as amended by the Criminal Procedure and Evidence Amendment Act, 2016, takes effect from the 2nd January, 2015. [subsection inserted by section 48 of Act 2 of 2016 ]" }, { "provision_ref": "s33", "chapter": "Part VII", "section": "33", "title": "Amendment of Acts", "content": "33. Amendment of Acts The Acts specified in each Part of the Fourth Schedule are amended to the extent set out in that Part. First Schedule (Section 5(3)) Provisions applicable to Board" } ], "definitions": [ { "term": "Authority", "definition": "Authority ” means the National Prosecuting Authority established in terms of section 258 of the Constitution", "source_provision": "s2" }, { "term": "authority to prosecute", "definition": "authority to prosecute ” means the authority to prosecute given to a professional member of the Authority by the Prosecutor-General in terms of section 12 (4) and (5)", "source_provision": "s2" }, { "term": "Board", "definition": "Board ” means the National Prosecuting Authority Board established by section 5", "source_provision": "s2" }, { "term": "Department of Administration", "definition": "Department of Administration ” means the department of the Authority established in terms of section 15", "source_provision": "s2" }, { "term": "Deputy Prosecutor-General", "definition": "Deputy Prosecutor-General ” means the Deputy Prosecutor-General appointed in terms of section 340(3) of the Constitution", "source_provision": "s2" }, { "term": "Director for Administration", "definition": "Director for Administration ” [definition of “Director for Administration” repealed by section 2(a) of Act 7 of 2020 ]", "source_provision": "s2" }, { "term": "fixed date", "definition": "fixed date ” means the date fixed in terms of section 1 (2) as the date of commencement of this Act", "source_provision": "s2" }, { "term": "Minister", "definition": "Minister ” means the Minister responsible for Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act", "source_provision": "s2" }, { "term": "National Director of Public Prosecutions", "definition": "National Director of Public Prosecutions \" [definition of “National Director of Public Prosecutions\" repealed by section 2(a) of Act 7 of 2020 ]", "source_provision": "s2" }, { "term": "member", "definition": "member ”, in relation to the Authority , means a member of the Authority referred to or appointed in terms of section 4", "source_provision": "s2" }, { "term": "Prosecutor-General", "definition": "Prosecutor-General ” means the Prosecutor-General appointed in terms of section 259 of the Constitution", "source_provision": "s2" }, { "term": "Secretary to the Authority", "definition": "Secretary to the Authority ” means the person appointed in terms of section 8A", "source_provision": "s2" }, { "term": "appointed member", "definition": "appointed member ”, in relation to the Board, means a member appointed under Section 5", "source_provision": "s1" } ] }