National Prosecuting Authority
Encyclopedia
The Constitution of the Republic of South Africa
(Act No. 108 of 1996), created a single National Prosecution Authority (the "NPA"), which is governed by the National Prosecuting Authority Act (Act No. 32 of 1998). 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.
, who is the successor of Bulelani Thandabantu Ngcuka
, Vusumzi Patrick Pikoli
and Mokotedi Mpshe.
The NDPP is supported by Chief Executive Officer
, a position which was filled by Marion Sparg
from 2000 to 2007, and by four Deputy National Directors.
Directors of Public Prosecutions further support the office of the NDPP. Every seat of the High Court of South Africa
is served by a Director of Public Prosecutions (a "DPP"), who acts as the prosecution authority for such Court's jurisdictional area.
Further support comes from Special Directors and Investigating Directors.
The National Prosecution Service ("NPS") is composed of the various DPP offices (and their subordinates) and are responsible for the day to day criminal prosecutions. State Advocates (attached to the office of the DPP) prosecute matters in the Superior Courts, whilst Public Prosecutors (attached to various Magistrate's Courts), prosecute matters in the Lower Courts.
The Directorate of Special Operations ("DSO" or Scorpions
) was launched on 1 September 1999, in Cape Town
, as a step towards putting in place the necessary machinery to eradicate organised crime in South Africa. It was the birth of what is envisaged to become a world-class law enforcement agency. The DSO was later disbanded in July 2009 and the investigative capacity transferred to the South African Police Service
The Asset Forfeiture Unit ("AFU") was established in May 1999, to give effect to certain provisions in the Prevention of Organised Crime Act (Act 121 of 1998) allowing for the criminal or civil seizure (and subsequent forfeiture to the State) 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 ("SOCA") was established in October 1999, with the main objective of eradicating all forms of gender-based violence against women and children. The Unit comprises four sections, namely the Sexual Offences Section; the Domestic Violence Section; the Maintenance Section; and the Child Justice Section.
The Specialised Commerial Crime Unit ("SCCU") was established with the focal objective of prosecuting serious economic offences, such as Fraud and related offences.
The Witness Protection Unit ("WPU") essentially provides support services to vulnerable and intimidated witnesses and related persons in any judicial proceedings in the Criminal Justice System. 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 ("PCLU") was created by Presidential proclamation on 23 March 2003. In terms of its mandate, it is to manage and direct investigations and prosecutions relating to: criminal prosecutions arising from the Rome Statute; crimes against the State, including national and international terrorism; matters emanating from the Truth and Reconciliation process (the "TRC") and contraventions of The Regulation of Foreign Military Assistance Act (Act No 15 of 1998), the Non-Proliferation of Weapons of Mass Destruction Act (Act No 87 of 1993), The National Conventional Arms Control Act (Act No 41 of 2002), The Nuclear Energy Act (Act No 46 of 1999) and The Intelligence Services Act (Act No 65 of 2002).
The Integrity Management Unit ("IMU") is a relatively new unit, tasked to continually assess, prevent, monitor, evaluate and maintain the NPA's integrity so that it is not in any way compromised. The IMU is further tasked to have complete oversight of the reactive systems and processes in instances where there has been a compromise of the organisation’s integrity.
Corporate Services ("CS") is tasked to focus on servicing customer needs and to concentrate resources to provide low cost, high quality corporate service support to multiple business partners within the NPA.
On 27 September 2007 the South African Broadcasting Corporation
claimed that a warrant was issued on the 10 September by the NPA for the arrest of the head of the South African Police
and Interpol
, Jackie Selebi
. According to SABC the warrant was secured by Pikoli, before Pikoli was suspended by the country's President Mbeki.
President Mbeki suspended NPA Head Vusi Pikoli, allegedly because of "an irretrievable breakdown” in the relationship between Pikoli and Justice Minister Brigitte Mabandla
. However, journalists at the Mail and Guardian claim to have solid information supporting the widespread suspicion that President Mbeki suspended Pikoli as part of a bid to shield Police Commissioner Selebi.
The leader of South Africa’s opposition Democratic Alliance party Helen Zille
, said that the suspension of Pikoli was a “serious development” that needed further explanation: “The country needs to know why Pikoli has been suspended.” Human Sciences Research Council political commentator Adam Habib
said:
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(Act No. 108 of 1996), created a single National Prosecution Authority (the "NPA"), which is governed by the National Prosecuting Authority Act (Act No. 32 of 1998). 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 Structure of the NPA
On a national level, the NPA is headed by the National Director of Public Prosecutions (the "NDPP"). The current NDPP is Menzi SimelaneMenzi Simelane
Menzi Simelane is a South African advocate. He has recently been appointed by Jacob Zuma as director of the South African National Prosecuting Authority. His predecessor was Vusi Pikoli.-Biography:...
, who is the successor of Bulelani Thandabantu Ngcuka
Bulelani Ngcuka
Bulelani T Ngcuka was the first national Director of Public Prosecutions in South Africa, and is the husband of former Deputy President of South Africa Phumzile Mlambo-Ngcuka. He was embroiled in controversy after being accused of being an apartheid spy...
, Vusumzi Patrick Pikoli
Vusi Pikoli
Vusumzi "Vusi" Pikoli is a South African advocate, and the recently fired head of South Africa's National Prosecuting Authority. He is noted for instigating criminal charges against disgraced South African police commissioner Jackie Selebi and ANC president Jacob Zuma...
and Mokotedi Mpshe.
The NDPP is supported by Chief Executive Officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
, a position which was filled by Marion Sparg
Marion Sparg
Marion Monica Sparg is a South African activist, former guerrilla and public administrator.-Struggle years:Marion Sparg was one of the few white women to join Umkhonto we Sizwe , the armed wing of the African National Congress during South Africa's apartheid era...
from 2000 to 2007, and by four Deputy National Directors.
Directors of Public Prosecutions further support the office of the NDPP. Every seat of the High Court of South Africa
High Court of South Africa
The High Courts are superior courts of law in South Africa. The courts were created in 1996 on the adoption of the Constitution of South Africa, and inherited the jurisdiction of the provincial and local divisions of the former Supreme Court of South Africa...
is served by a Director of Public Prosecutions (a "DPP"), who acts as the prosecution authority for such Court's jurisdictional area.
Further support comes from Special Directors and Investigating Directors.
Business Units of the NPA
The National Prosecuting Authority comprises various core business units:-The National Prosecution Service ("NPS") is composed of the various DPP offices (and their subordinates) and are responsible for the day to day criminal prosecutions. State Advocates (attached to the office of the DPP) prosecute matters in the Superior Courts, whilst Public Prosecutors (attached to various Magistrate's Courts), prosecute matters in the Lower Courts.
The Directorate of Special Operations ("DSO" or Scorpions
Scorpions (South Africa)
The Directorate of Special Operations was a multidisciplinary agency that investigated and prosecuted organised crime and corruption. It was a unit of The National Prosecuting Authority of South Africa. Its staff of 536 consisted of some of the best police, financial, forensic and intelligence...
) was launched on 1 September 1999, in Cape Town
Cape Town
Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...
, as a step towards putting in place the necessary machinery to eradicate organised crime in South Africa. It was the birth of what is envisaged to become a world-class law enforcement agency. The DSO was later disbanded in July 2009 and the investigative capacity transferred to the South African Police Service
South African Police Service
The South African Police Service is the national police force of the Republic of South Africa. Its 1116 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province...
The Asset Forfeiture Unit ("AFU") was established in May 1999, to give effect to certain provisions in the Prevention of Organised Crime Act (Act 121 of 1998) allowing for the criminal or civil seizure (and subsequent forfeiture to the State) 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 ("SOCA") was established in October 1999, with the main objective of eradicating all forms of gender-based violence against women and children. The Unit comprises four sections, namely the Sexual Offences Section; the Domestic Violence Section; the Maintenance Section; and the Child Justice Section.
The Specialised Commerial Crime Unit ("SCCU") was established with the focal objective of prosecuting serious economic offences, such as Fraud and related offences.
The Witness Protection Unit ("WPU") essentially provides support services to vulnerable and intimidated witnesses and related persons in any judicial proceedings in the Criminal Justice System. 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 ("PCLU") was created by Presidential proclamation on 23 March 2003. In terms of its mandate, it is to manage and direct investigations and prosecutions relating to: criminal prosecutions arising from the Rome Statute; crimes against the State, including national and international terrorism; matters emanating from the Truth and Reconciliation process (the "TRC") and contraventions of The Regulation of Foreign Military Assistance Act (Act No 15 of 1998), the Non-Proliferation of Weapons of Mass Destruction Act (Act No 87 of 1993), The National Conventional Arms Control Act (Act No 41 of 2002), The Nuclear Energy Act (Act No 46 of 1999) and The Intelligence Services Act (Act No 65 of 2002).
The Integrity Management Unit ("IMU") is a relatively new unit, tasked to continually assess, prevent, monitor, evaluate and maintain the NPA's integrity so that it is not in any way compromised. The IMU is further tasked to have complete oversight of the reactive systems and processes in instances where there has been a compromise of the organisation’s integrity.
Corporate Services ("CS") is tasked to focus on servicing customer needs and to concentrate resources to provide low cost, high quality corporate service support to multiple business partners within the NPA.
Suspension of Pikoli
On September 24, 2007 President Thabo Mbeki suspended Pikoli in terms of Section 12 (6) (a) of the National Prosecution Act 32 of 1998, saying: "This decision was taken on the basis of an irretrievable break down in the working relationship between the Minister of Justice and Constitutional Development and the NDPP."On 27 September 2007 the South African Broadcasting Corporation
South African Broadcasting Corporation
The South African Broadcasting Corporation is the state-owned broadcaster in South Africa and provides 18 radio stations as well as 3 television broadcasts to the general public.-Early years:Radio broadcasting began in South Africa in 1923...
claimed that a warrant was issued on the 10 September by the NPA for the arrest of the head of the South African Police
South African Police
The South African Police was the country's police force until 1994. The SAP traced its origin to the Dutch Watch, a paramilitary organization formed by settlers in the Cape in 1655, initially to protect civilians against attack and later to maintain law and order...
and Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
, Jackie Selebi
Jackie Selebi
Jacob Sello Selebi is the former national commissioner of the South African Police Service, and a former president of Interpol. In January 2008, Selebi was put on extended leave as national police commissioner, and resigned as president of Interpol, after he was charged with corruption in his...
. According to SABC the warrant was secured by Pikoli, before Pikoli was suspended by the country's President Mbeki.
President Mbeki suspended NPA Head Vusi Pikoli, allegedly because of "an irretrievable breakdown” in the relationship between Pikoli and Justice Minister Brigitte Mabandla
Brigitte Mabandla
Brigitte Sylvia Mabandla is the South African minister of public enterprises; and formerly the minister of justice and constitutional development.In 1979, she graduated in law from the University of Zambia.-References:...
. However, journalists at the Mail and Guardian claim to have solid information supporting the widespread suspicion that President Mbeki suspended Pikoli as part of a bid to shield Police Commissioner Selebi.
The leader of South Africa’s opposition Democratic Alliance party Helen Zille
Helen Zille
Helen Zille is the Premier of the Western Cape, a member of the Western Cape Provincial Parliament, leader of South Africa's opposition Democratic Alliance political party, and a former Mayor of Cape Town.Zille is a former journalist and anti-apartheid activist, and famously exposed the truth...
, said that the suspension of Pikoli was a “serious development” that needed further explanation: “The country needs to know why Pikoli has been suspended.” Human Sciences Research Council political commentator Adam Habib
Adam Habib
Adam Habib is a citizen of South Africa, a professor of political science, and deputy vice chancellor of the University of Johannesburg.-Barred entry to the United States:...
said: