Delegations of the prosecutorial function to state entities: Expanding prosecution of neglected crimes

The National Prosecuting Authority (NPA) is the sole enforcer of accountability for criminal offences, including those committed by state officials. Currently, it is struggling to ensure sufficient accountability of those accused of criminal acts. Ways in which to expand the reach of accountability through the criminal justice system are urgently required.

Appropriate delegation of the prosecutorial power may ease the burden on the NPA and increase the extent to which persons are held to account for crimes. An example of a prosecutorial delegation currently in place is the delegation of the power to prosecute traffic offences to some municipalities.

By delegating the prosecution of selected matters to particular state entities with an interest in the matter, some of the burden on the NPA can be removed and matters currently not receiving adequate prioritisation can be prosecuted by such entities. Possible candidates for delegation include the Independent Policing Investigative Directorate (IPID) and metropolitan municipalities.

Both the Constitution and the National Prosecuting Authority Act currently permit such delegation and no legislative change is required.

This webinar will explore the rationale, law and possibilities for delegation of the prosecution function to appropriate state entities.

Please join ACJR for a 90-minute webinar scheduled on Friday 3 September 2021 from 11: 00 am to 12:30 pm with the following panelist:

• Jean Redpath - ACJR

Facilitator

• Lukas Muntingh - ACJR

Following registration, participants will receive a confirmation email containing information about joining the webinar.

ACJR wishes to acknowledge the Open Society Foundation-South Africa and the Sigrid Rausing Trust for making this webinar possible.

REGISTER HERE