Criminal Law
NPA — National Prosecuting Authority
The NPA is the state body that decides whether to prosecute criminal cases and conducts the prosecution on behalf of the state in South African courts.
Legal Definition
Established under Section 179 of the Constitution and the National Prosecuting Authority Act 32 of 1998. The NPA is headed by the National Director of Public Prosecutions (NDPP) and has the power to institute criminal proceedings on behalf of the state. It must be independent and exercise its discretion without fear, favour, or prejudice.
📖 Constitutional / Statutory Basis: Section 179, Constitution of the Republic of South Africa, 1996; National Prosecuting Authority Act 32 of 1998
Practical Example
After IPID investigates a police officer for assault, the docket is referred to the NPA. The NPA's prosecutor decides whether the evidence warrants prosecution.
Frequently Asked Questions
Can the NPA decide not to prosecute?
Yes. The NPA has prosecutorial discretion — it can decide not to prosecute if evidence is insufficient or it is not in the public interest.
Can I challenge the NPA's decision not to prosecute?
Yes. Victims can approach the High Court for a review of a decision not to prosecute, especially if the decision was irrational or influenced by improper considerations.
What is the Specialised Commercial Crime Unit?
A division of the NPA that prosecutes fraud, corruption, and commercial crimes. Other specialised units include the AFU (Asset Forfeiture Unit) and DPCI prosecutors.
Related Terms
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