32 of 1998) is an act of the Parliament of South Africa which established the National Prosecuting Authority (NPA).
The creation of the NPA was required by section 179 of the Constitution of South Africa, which came into force in February 1997.
Prior to the passage of the NPA Act, public prosecutions were under the direction of the attorneys-general, with a separate attorney-general appointed by the President for each division of the High Court.
(2) The prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings.” One scholar has commented that “as a representative of the state, the NPA has a special role in our criminal justice system because it has the responsibility of enforcing criminal laws in South Africa by instituting criminal proceedings on behalf of the state.”[1] Although the head of the NPA, the National Director of Public Prosecutions (National Director), is appointed by the President as head of national executive and the NPA forms part of the executive, section 179(4) of the Constitution requires that “national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice”.
[4] Before it was defeated in the Portfolio Committee on Justice and Constitutional Development, the Bill sought to drastically amend the Constitution of South Africa in matters pertaining to the NPA and the National Prosecuting Authority Act.