Constitution of the Kingdom of Swaziland, 2005 (b) eSwatini such other offices connected with any court as Parliament may prescribe. 161. Secretariat to the Commission (1) There shall be a secretariat of the Commission established in terms of section 183. (2) The functions of the secretariat shall be as provided under section 183(2). (3) The secretary of the Commission, in addition to the functions in terms of subsection (2), shall among other things, organise and manage the secretariat, keep the chairman informed of all activities of the Commission and act as a public relations officer for the Commission. Chapter IX Director of Public Prosecutions and the Commission on Human Rights and Public Administration Part I – Director of Public Prosecutions 162. Appointment, tenure functions, etc. (1) There shall be a Director of Public Prosecutions whose office shall be a public office. (2) The Director of Public Prosecutions, in this Chapter referred to as “the Director,” shall be appointed by the King on the advice of the Judicial Service Commission. (3) A person shall not qualify to be appointed Director unless that person qualifies for appointment as a Judge of the superior courts. (4) The Director shall have power in any case in which the Director considers it proper to do so, to— (a) institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person against the laws of Swaziland; (b) take over and continue any criminal proceedings that may have been instituted or undertaken by any other person or authority; (c) discontinue, at any stage before judgment is delivered, any criminal proceedings instituted or undertaken by the Director or any other person or authority; and (d) perform such other functions as may be prescribed. (5) The powers under subsection (4) may be exercised by the Director in person or by subordinate officers acting in accordance with the general or special instructions of the Director. (6) In the exercise of the powers conferred under this Chapter, the Director shall— (a) have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of the legal process; and (b) be independent and not be subject to the direction or control of any other person or authority. (7) Without derogating from the provisions of subsection (6), the Director shall, in the exercise of the powers under this Chapter, consult the Attorney-General in relation to matters where national security may be at stake. (8) The Director shall be removed from office in the same manner and on the same grounds as a Judge of the superior courts, except that the Minister responsible for Justice shall initiate the proceedings in terms of section 158(3). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 61