Question NW3600 to the Minister of Justice and Correctional Services

Reply:

The Constitution of the Republic of South Africa provides in section 179(4) that:

“National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.”

The National Prosecuting Authority Act, 32 of 1998, in compliance with the Constitution, provides in section 32 (1) (a):

“A member of the prosecuting authority shall serve impartially and exercise, carry out or perform his or her powers, duties and functions in good faith and without fear, favour or prejudice and subject only to the Constitution and the law.”

All prosecutors are required to take an oath in this regard, before commencing to exercise, carry out or perform their powers, duties or functions in terms of the NPA Act.

Not only does the law require prosecutors to handle cases in a fair and impartial manner, but the National Director of Public Prosecutions (NDPP) has issued directives which require prosecutors in the prosecution of sensitive or contentious nature, including cases involving high profile individuals, to inform the Director of Public Prosecutions (DPP) concerned in writing, of the nature and details of such matters, and for the DPP to similarly inform the NDPP.

This ensures that there is adequate oversight of cases that involve high profile individuals and politically sensitive matters.