National Prosecuting Authority
The Constitution of the Republic of South Africa, created a single National Prosecution Authority, which is governed by the National Prosecuting Authority Act. The Constitution, read with this Act, provides the NPA with the power to institute criminal proceedings on behalf of the State, to carry out any necessary functions incidental to institution of criminal proceedings and to discontinue criminal proceedings. The NPA is accountable to Parliament, while the final responsibility over the prosecuting authority lies with the Minister of Justice and Correctional Services.
Structure
On a national level, the NPA is headed by the National Director of Public Prosecutions. The NDPP is appointed by the President of South Africa for a term of 10 years.The NDPP is supported by a chief executive officer, a position which was filled by Marion Sparg from 2000 to 2007, and by four Deputy National Directors. Every seat of the High Court of South Africa is served by a Director of Public Prosecutions, who acts as the prosecution authority for such Court's jurisdictional area. Further support comes from Special Directors and Investigating Directors.
Business units
The NPA comprises various core business units:- The National Prosecution Service is composed of the various DPP offices and are responsible for the day to day criminal prosecutions. State Advocates prosecute matters in the Superior Courts, whilst Public Prosecutors, prosecute matters in the Lower Courts.
- The Directorate of Special Operations was launched on 1 September 1999 to combat organised crime in South Africa. The DSO was later disbanded in July 2009 and the investigative capacity transferred to the South African Police Service.
- The Investigations Directorate, dubbed the "New Scorpions", was created in 2019.
- The Asset Forfeiture Unit was established in May 1999, to give effect to certain provisions in the Prevention of Organised Crime Act allowing for the criminal or civil seizure of assets belonging to perpetrators of crime. Once forfeited, these assets are realised and are utilised to compensate the victims of crime and/or are ploughed back into law enforcement.
- Sexual Offences and Community Affairs was established in October 1999 to combat gender-based violence against women and children. The Unit comprises the Sexual Offences Section; the Domestic Violence Section; the Maintenance Section; and the Child Justice Section.
- The Specialised Commercial Crime Unit was established to prosecute serious economic offences such as fraud.
- The Witness Protection Unit supports vulnerable and intimidated witnesses and related persons during judicial proceedings. The unit also provides assistance and co-operation to other countries, Tribunals and Special Courts, in the field of Witness Protection. The functions and duties of the WPU are classified "SECRET" in terms of the Witness Protection Act.
- The Priority Crimes Litigation Unit was created by Presidential proclamation on 23 March 2003 and mandated to direct investigations and prosecutions for crimes arising from to the Rome Statute, crimes against the State including national and international terrorism, matters emanating from the Truth and Reconciliation process and contraventions of The Regulation of Foreign Military Assistance Act, the Non-Proliferation of Weapons of Mass Destruction Act, The National Conventional Arms Control Act, The Nuclear Energy Act and The Intelligence Services Act.
- The Integrity Management Unit is tasked to monitor and maintain the NPA's integrity and to have oversight of the reactive systems and processes where there has been a compromise of the organisation’s integrity.
- Corporate Services provides corporate service support to multiple business partners within the NPA.
Leadership
The first NDPP, Bulelani Ngcuka, was appointed in 1998 and resigned in 2004.
Ngcuka was succeeded by Vusi Pikoli. On 27 September 2007 the South African Broadcasting Corporation reported that the NPA had issued a warrant for the arrest of the head of the South African Police and Interpol, Jackie Selebi.
Shortly afterwards, President Mbeki suspended NPA Head Vusi Pikoli, allegedly because of "an irretrievable breakdown" in the relationship between Pikoli and Justice Minister Brigitte Mabandla, amid widespread suspicion that President Mbeki had suspended Pikoli as part of a bid to shield Police Commissioner Selebi, Human Sciences Research Council political commentator Adam Habib said: Selebi was nonetheless successfully prosecuted and sentenced to prison. Following Pikoli’s suspension, President Mbeki established a Commission of Enquiry headed by Dr Frene Ginwala in terms of section 12 of the National Prosecuting Act 32 of 1998 to determine the fitness of Pikoli to hold office of National Director. The Ginwala Commission made a number of recommendations including that “Pikoli should be restored to his position and be sensitized to the broader responsibilities of his office and in particular to enhance his understanding of the security environment in which that office should function”. Despite the Ginwala Commission’s recommendations, Advocate Pikoli was removed from office by President Kgalema Motlanthe on 8 December 2008. Motlanthe was later prevented by the judiciary in Pikoli v President and Others from appointing a permanent NDPP until the legalities regarding the removal of Pikoli had been sorted in the courts.
Pikoli was succeeded by Mokotedi Mpshe, Menzi Simelane, Nomgcobo Jiba, and Mxolisi Nxasana appointed with effect from 1 October 2013.
On 5 July 2014, President Zuma announced an inquiry to determine whether Nxasana was fit to hold office in terms of section 12 of the National Prosecuting Authority Act, 1998. On 11 May 2015, the inquiry was terminated, but on 31 May 2015 it was announced that Nxasana was stepping down. He was paid out the value of the remainder of his 10-year-contract amounting to R17 million.
On 18 June 2015, Zuma appointed Shaun Abrahams as NDPP. In August 2018, the Constitutional Court set aside the termination of Nxasana's appointment as NDPP, effectively making Abrahams' appointment invalid, and directed President Cyril Ramaphosa to appoint a new NDPP within 90 days. Ramaphosa appointed Advocate Shamila Batohi as NDPP in December 2018.
List of Directors
- Bulelani Ngcuka
- Vusi Pikoli
- Mokotedi Mpshe
- Menzi Simelane
- Nomgcobo Jiba
- Mxolisi Nxasana
- Shaun Abrahams
- Silas Ramaite
- Shamila Batohi