National Prosecuting Authority

The Constitution of the Republic of South Africa (Act No. 108 of 1996), created a single National Prosecution Authority (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 NPA is accountable to Parliament, while the final responsibility over the prosecuting authority lies with the Minister of Justice.

On a national level, the NPA is headed by the National Director of Public Prosecutions (NDPP). 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 (DPP), who acts as the prosecution authority for such Court's jurisdictional area. Further support comes from Special Directors and Investigating Directors.

The NPA comprises various core business units:

Controversial extraordinary changes in NPA leadership have been attributed to political interference. In June 2014 former NPA prosecutor Glynnis Breytenbach, a Member of Parliament for the Democratic Alliance (DA) and Shadow Minister of Justice, called for an end to ongoing political interference that has compromised the integrity of the NPA.

The first NDPP, Bulelani Ngcuka, was appointed in 1998 and resigned in 2004. He was succeeded by Vusi Pikoli (2005–2007), Mokotedi Mpshe (acting NDPP),Menzi Simelane (2009–2012), Nomgcobo Jiba (acting NDPP), and Mxolisi Nxasana appointed with effect from 1 October 2013. On 5 July 2014, President Zuma announced an inquiry to determine whether Nxasana is fit and proper to hold office in terms of section 12(6)(a)(iv) of the National Prosecuting Authority Act, 1998. On 11 May 2015, the inquiry was terminated, but unconfirmed reports suggested that Nxasana has agreed to resign his post. On 31 May 2015 it was announced that Nxasana was stepping down as the National Director of Public Prosecutions. He was paid out the value of the remainder of his 10-year-contract amounting to R17 million. On 16 June 2015, Shaun Abrahams was appointed as the National Director of Public Prosecutions.

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