The Sunday News
GOVERNMENT is this week expected to gazette the National Prosecuting Authority (NPA) Act, as it makes moves to bring into force some of the provisions of the Constitution, an official confirmed.
Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs Mrs Virginia Mabhiza told Sunday News last week that the Act was set to come into effect anytime this week.
When passed into law, the Act is expected to pave way for the setting up of the National Prosecuting Authority, which is headed by Prosecutor-General Johannes Tomana.
Under the Constitution the NPA has powers to institute and conduct criminal proceedings on behalf of the State and also has the power to direct the Commissioner-General of Police to investigate cases.
The Constitution transferred the responsibility for criminal prosecutions from the Attorney-General’s office to the National Prosecuting Authority established by Section 258 of the country’s supreme law.
“We are hoping that this week the Act will be gazetted. In previous weeks we had been busy with other engagements and we are anticipating that next week we will be able to have the Act coming into effect.
“Our wish is to have the Act gazetted to allow for the effective implementation of all the provisions contained in the Act,” Mrs Mabhiza said on Thursday last week.
“Gazetting of the Act will ensure that the authority is now functional. It will pave way for the appointment of a board which will oversee the functions of the Authority and cater for the administration of the Authority”.
When passed into law, the Act, among other things, provides for the appointment of a national director of public prosecutions, administration of the authority, conditions of service of its members.
It will also provide for the transfer of prosecutors from the civil service to the NPA.
At present prosecutors are employed by the Civil Service Commission.
Clause 4 provides for the setting up of the NPA to consist of the Prosecutor-General, appointed in terms of Section 259 of the Constitution.
Mr Tomana has already been officially appointed to head the Authority.
Setting up of an NPA board is provided for in Clause 5 of the NPA Act and the board consists of the Prosecutor-General as the chairperson whose deputy would be the national director of public prosecutions. Functions of the board are set out in Clause 6 of the Act, while Clause 14 empowers Justice Minister Cde Emmerson Mnangagwa to guide the board on policy issues.
The board will be responsible for administering and supervising the NPA as well as appointing and disciplining prosecutors and other staff members of the Authority.
Other functions of the board will include submitting annual reports to the minister who will present them before Parliament.
The NPA, which is headed by a Prosecutor-General and Mr Tomana, who was previously Attorney-General, has become the Prosecutor-General by virtue of Paragraph 19 (2) of the Sixth Schedule to the Constitution, which states that: “The person who held office as Attorney-General immediately before the effective date continues in office as Prosecutor-General on and after that day.” The effective date for this provision of the Constitution was 22 August.
