Chapter 8: Courts and Administration of Justice
(4) National legislation must ensure that the prosecuting authority exercises its
functions without fear, favour or prejudice.
(5) The National Director of Public Prosecutions—
(a) must determine, with the concurrence of the Cabinet member responsible
for the administration of justice, and after consulting the Directors of Public
Prosecutions, prosecution policy, which must be observed in the prosecution
process;
(b) must issue policy directives which must be observed in the prosecution
process;
(c) may intervene in the prosecution process when policy directives are not
complied with; and
(d) may review a decision to prosecute or not to prosecute, after consulting the
relevant Director of Public Prosecutions and after taking representations within
a period specified by the National Director of Public Prosecutions, from the
following:
(i) The accused person.
(ii) The complainant.
(iii) Any other person or party whom the National Director considers to be
relevant.
(6) The Cabinet member responsible for the administration of justice must exercise final
responsibility over the prosecuting authority.
(7) All other matters concerning the prosecuting authority must be determined by
national legislation.
Other matters concerning administration of justice
180.
National legislation may provide for any matter concerning the administration of justice
that is not dealt with in the Constitution, including—
(a) training programmes for judicial officers;
(b) procedures for dealing with complaints about judicial officers; and
(c) the participation of people other than judicial officers in court decisions.
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