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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Prosecuting Authority Act, No. 32 of 1998

Long title


To regulate matters incidental to the establishment by the Constitution of the Republic of South Africa, 1996, of a single national prosecuting authority; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

INDEX [...Title inserted by Act 2000_061_021_20001211]

CHAPTER 1. INTRODUCTORY PROVISIONS
1. Definitions

CHAPTER 2. STRUCTURE AND COMPOSITION OF SINGLE NATIONAL PROSECUTING AUTHORITY
2. Single national prosecuting authority
3. Structure of prosecuting authority
4. Composition of national prosecuting authority
5. Office of National Director of Public Prosecutions
6. Offices of prosecuting authority at seats of High Courts
7. Investigating Directorates [...Title amended by Act 2000_061_004_20001211 - was entitled “President may establish Investigating Directorates”]

CHAPTER 3. APPOINTMENT, REMUNERATION AND CONDITIONS OF SERVICE OF MEMBERS OF THE PROSECUTING AUTHORITY
8. Prosecuting authority to be representative
9. Qualifications for appointment as National Director, Deputy National Director or Director
10. Appointment of National Director
11. Appointment of Deputy National Directors
12. Term of office of National Director and Deputy National Directors
13. Appointment of Directors and Acting Directors
14. Term of office of Director
15. Appointment of Deputy Directors
16. Appointment of prosecutors
17. Conditions of service of National Director, Deputy National Directors and Directors
18. Remuneration of Deputy Directors and prosecutors
19. Conditions of service of Deputy Directors and prosecutors, except remuneration

CHAPTER 3A. APPOINTMENT, REMUNERATION AND CONDITIONS OF SERVICE OF SPECIAL INVESTIGATORS
19A.  [...inserted by Act 2000_061_008_20001211] [...repealed by Act 2008_056_005_20090130 - was entitled "Appointment of special investigators"] 
19B. [..inserted by Act 2000_061_008_20001211] [...repealed by Act 2008_056_005_20090130 - was entitled "Security screening of special investigators"] 
19C. [...inserted by Act 2000_061_008_20001211] [... repealed by Act 2008_056_005_20090130 - was entitled "Remuneration and conditions of service of special investigators"]

CHAPTER 4. POWERS, DUTIES AND FUNCTIONS OF MEMBERS OF THE PROSECUTING AUTHORITY
20. Power to institute and conduct criminal proceedings
21. Prosecution policy and issuing of policy directives
22. Powers, duties and functions of National Director
23. Powers, duties and functions of Deputy National Directors
24. Powers, duties and functions of Directors and Deputy Directors
25. Powers, duties and functions of prosecutors

CHAPTER 5. POWERS, DUTIES AND FUNCTIONS RELATING TO INVESTIGATING DIRECTORATES
26. Application [...Title amended by Act 2000_061_010_20001211 - was entitled “Definitions”]
27. Reporting of matters to Investigating Director [...Title amended by Act 2000_061_011_20001211 - was entitled “Laying of certain matters before Investigating Director”]
28. Inquiries by Investigating Director
29. Entering upon premises by Investigating Director
30. ... [...Title amended by Act 2000_051_014_2001211 by way of unmarked omission and marked insertion;...was entitled “Preservation of secrecy and admissibility of evidence”] [...repealed by Act 2008_056_009_20090130 - was entitled "Powers and functions of special investigators"] 
31. ... [...Title amended by Act 2000_051_014_2001211 by way of unmarked omission and marked insertion;...was entitled "Ministerial Coordinating Committee"] [...repealed by Act 2008_056_009_20090130 - was entitled “Compensation regarding expenses”]

CHAPTER 6. GENERAL PROVISIONS
32. Impartiality of, and oath or affirmation by members of prosecuting authority
33. Minister’s final responsibility over prosecuting authority
34. Reports by Directors
35. Accountability to Parliament
36. Expenditure of prosecuting authority
37. Administrative staff
38. Engagement of persons to perform services in specific cases
39. Disclosure of interest and non-performance of other paid work
40. Regulations
40A. ... [...inserted by Act 2000_061_018_20001211[...deleted by Act 2020_019_058_20210601 - as entitled "Unauthorised access to or modification of computer material"]
41. Offences and penalties
42. Limitation of liability

CHAPTER 7. TRANSITIONAL ARRANGEMENTS
43. Transitional arrangements
43A. Transitional arrangements relating to Directorate of Special Operations [...inserted by Act 2000_061_020_20001211] [...Title amended by Act 2008_056_013_20090130 - was entitled "Transitional arrangement relating to Investigating Directorates"]
43B. Transitional arrangements relating to financial investigators and analysts [...inserted by Act 2012_011_010_20121002]
44. Amendment or repeal of laws
45. Interpretation of certain references in laws
46. Short title and commencement
Sch. SCHEDULE. (LAWS AMENDED OR REPEALED BY SECTION 44) [s44]

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As amended by Act 2001_042_000_20011207 .  N/A REQ.INFO LINK
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As amended by Act 2012_011_000_20121002 .  N/A REQ.INFO LINK
As amended by Act 2017_008_000_20170802 .  N/A REQ.INFO LINK
As amended by Act 2020_012_000_20201022 .N/A REQ.INFO LINK
As amended by Act 2020_019_000_20210601 .N/A REQ.INFO LINK
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